Terms and conditions of use

Article 1 – Definitions

Under these circumstances, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

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

Day: calendar day;

Continuing transaction: a distance contract covering a series of products and/or services for which the obligation to deliver and/or purchase is spread out over time;

Durable medium: any means that enables the consumer or business to store information addressed personally to them in a way that allows for future reference and the unchanged reproduction of the stored information.

Right of withdrawal: the consumer’s right to cancel a distance contract within the cooling-off period;

Business: a natural or legal person that offers products and/or services to consumers at a distance;

Distance contract: a contract in which, within the framework of a system organized by the business for the distance sale of goods and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

Remote communication technology: a method that can be used to enter into a contract without the consumer and the business being in the same room at the same time.

Terms and Conditions: the contractor's Terms and Conditions.

Article 2 – Contractor’s Identity

Company Name: Gacilo Ecom Limited
Company registration number: 77566798
Company address: Suite C, 7th Floor, World Trust Tower, 50 Stanley Street, Central, Hong Kong

Article 3 – Applicability

These Terms and Conditions apply to all offers made by the contractor, as well as to all contracts and distance orders entered into between the contractor and the 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, it will be stated before the distance contract is concluded that the general terms and conditions can be viewed at the business’s premises and will be sent free of charge as soon as possible upon the consumer’s request.

If the distance contract is concluded electronically, notwithstanding the preceding paragraph and prior to the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can read them and easily store them on a durable medium. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.

If, in addition to these general terms and conditions, specific terms and conditions applicable to a particular product or service also apply, the second and third paragraphs shall apply mutatis mutandis; and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him or her.

If one or more provisions of these Terms and Conditions are at any time wholly or partially invalid or void, the remainder of the contract and these Terms and Conditions shall remain in full force and effect, and the provision in question shall be immediately replaced by mutual agreement with a provision that is as close as possible to the original.

Any situations not covered by these terms and conditions shall be interpreted in accordance with the “spirit” of these terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our Terms and Conditions shall be interpreted “in the spirit” of these Terms and Conditions.

Article 4 – The Offer

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

This offer is non-binding. The contractor reserves the right to modify 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 the consumer to make an informed assessment of the offer. If the business uses images, these are a true representation of the products and/or services offered. The business is not bound by any errors or obvious mistakes in the offer.

All images and specifications in this offer are for illustrative purposes only and do not give rise to any claim for compensation or termination of the contract.

Product images are an accurate representation of the products offered. The seller cannot guarantee that the colors displayed will exactly match the actual colors of the products.

Each offer includes information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular:

The price, excluding customs clearance fees and import VAT. These additional costs will be borne by the customer at their own risk. The postal and/or courier service will apply the special regime reserved for postal and courier services with regard to imports. This regime applies if the goods are imported into the EU destination country, which is also the case here. The postal and/or courier service collects VAT (whether or not accompanied by invoiced customs clearance fees) from the recipient of the goods;
any shipping costs;
how the agreement will be concluded and what steps are required to do so;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the contract;
the time limit for accepting the offer or the period during which the contractor guarantees the price;
the rate for remote communications if the costs of using the technology for remote communications are calculated on a basis different from the regular base rate for the means of communication used;
whether the contract is archived after it is concluded, and if so, how the consumer can access it;
the manner in which the consumer, prior to entering into the contract, can verify the information they have provided in connection with the contract and, if they wish, correct it;
any other language in which, in addition to Dutch, the contract may be concluded;
the codes of conduct to which the business has committed, and how consumers can access these codes of conduct electronically; and
the minimum term of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, and materials.

Article 5 – The Agreement

The contract is concluded, subject to the provisions of paragraph 4, upon the consumer's acceptance of the offer and compliance with the specified conditions.

If the consumer has accepted the offer electronically, the business must immediately confirm receipt of the acceptance of the offer electronically. Until the business has confirmed receipt of this acceptance, the consumer may cancel the contract.

If the contract is concluded electronically, the business will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the business will take appropriate security measures.

The business may—within the legal framework—verify whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this inquiry, the business has good reason not to enter into the contract, it has the right to refuse an order or request, providing justification, or to attach specific conditions to the performance.

The business must provide the consumer with the following information along with the product or service, either in writing or in a manner that allows the consumer to store it in an accessible form on a durable medium:

the address of the contractor's office where the consumer can go to file a complaint;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the information specified in Article 4, paragraph 3 of these terms and conditions, unless the contractor has already provided this information to the consumer prior to the performance of the contract;
the terms for terminating the contract if it has a term of more than one year or is open-ended.

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

Any agreement is subject to the condition precedent that the relevant products are sufficiently available.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the contract without giving a reason within 14 days. This cooling-off period begins the day after the consumer or a representative designated in advance by the consumer and notified to the seller receives the product.

During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product to the seller with all accessories provided and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the seller.

If the consumer wishes to exercise their right of withdrawal, they must notify the seller within 14 days of receiving the product. The consumer must do so by means of a written notice or email. After the consumer has indicated their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the delivered goods were returned on time, for example by providing proof of shipment.

If, after the expiration of the time limits specified in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the seller, the purchase is final.

Article 7 – Fees in the Event of Cancellation

If the consumer exercises their right of withdrawal, the cost of returning the products will be borne by the consumer.

If the consumer has paid any amount, the seller will refund that amount as soon as possible, but no later than 14 days after the cancellation. This is subject to the condition that the product has already been returned to the online retailer or that conclusive proof of the complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The seller may 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 seller has clearly stated this in the offer, at least in a timely manner prior to the conclusion of the contract.

The right of withdrawal may be excluded only for the following products:

that were created by the contractor in accordance with the consumer's specifications;
which are clearly of a personal nature;
which, by their very nature, cannot be returned;
that can spoil or go bad quickly;
whose price is subject to fluctuations in the financial markets over which the contractor has no control;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.
for hygiene products whose seal has been broken by the consumer.

The right of withdrawal may be excluded only for the following services:

regarding accommodations, transportation, meals, or recreational activities to be undertaken on a specific date or during a specific period;
the delivery of which began with the consumer’s express consent before the end of the cooling-off period;
regarding betting and lotteries.

Article 9 – Price

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

Notwithstanding the preceding paragraph, the contractor may offer products or services at variable prices, which are subject to fluctuations in the financial market and over which the contractor has no control. This exposure to fluctuations and the fact that the prices quoted are indicative prices are stated in the offer.

Price increases within three months of the contract’s conclusion are permitted only if they result from regulations or legal provisions.

Price increases effective three months or more after the contract is signed are permitted only if the contractor has specified this and:

these are the result of regulations or legal provisions; or
The consumer has the right to cancel the contract as of the day the price increase takes effect.

In accordance with Section 5(1) of the 1968 Turnover Tax Act, the place of delivery is the country from which the shipment originates. In this case, the delivery takes place outside the EU. The postal or courier service will then collect import VAT or customs clearance fees from the customer. Therefore, no VAT will be charged by the business.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the contractor is not obligated to deliver the product at the incorrect price.

Article 10 – Compliance and Warranty

The contractor warrants that the products and/or services comply with the contract, the specifications set forth in the proposal, reasonable requirements regarding reliability and/or usability, and the legal provisions in effect as of the date of the contract’s conclusion and/or applicable government regulations. If agreed upon, the contractor also warrants that the product is suitable for use beyond its normal purpose.

A warranty provided by the seller, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the seller under the contract.

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

The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is never liable for the ultimate suitability of the products for each consumer's specific application, nor for 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 a third party;

The delivered products have been exposed to abnormal conditions, have been handled carelessly, or have been used in a manner contrary to the contractor’s instructions and/or the instructions on the packaging;

The defect results, in whole or in part, from regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The contractor shall exercise the utmost care in receiving and fulfilling product orders.

The delivery address is the address the consumer provided to the company.

Subject to the provisions of Article 4 of these Terms and Conditions, the Company will fulfill accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In such a case, the consumer has the right to cancel the contract without incurring any costs and is entitled to compensation, if applicable.

In the event of termination in accordance with the preceding paragraph, the business shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after the termination.

If delivery of an ordered product proves impossible, the seller will endeavor to provide a replacement item. No later than at the time of delivery, it will be clearly and comprehensibly stated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The seller is responsible for any return shipping costs.

The risk of damage to and/or loss of the products remains with the contractor until the time of delivery to the consumer or to a representative who has been designated in advance and notified to the contractor, unless otherwise expressly agreed.

Article 12 – Duration of Operations: Term, Cancellation, and Extension

Ending

The consumer may terminate a contract entered into for an indefinite period that involves the regular delivery of goods (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

A consumer may terminate a fixed-term contract involving the regular supply of goods (including electricity) or services at any time prior to the end of the fixed term, subject to the agreed termination rules and a notice period of at least one month.

The consumer may cancel the contracts referred to in the preceding paragraphs:

cancel at any time, rather than being limited to cancellation at a specific time or during a specific period;

at least rescind them in the same manner in which they were entered into by him;

Always give notice with the same notice period that the contractor has agreed to for themselves.

Extension

A fixed-term agreement that involves the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed term.

Notwithstanding the preceding paragraph, a contract entered into for a fixed term that involves the regular delivery of daily and weekly news and magazines may be tacitly extended for a fixed term of up to three months; if the consumer refuses to accept this extension, they may terminate it by giving notice of up to one month.

A fixed-term contract covering the regular delivery of goods or services may be tacitly extended to an indefinite term only if the consumer may terminate it at any time with a notice period of no more than one month, or a notice period of no more than three months if the agreement covers the regular delivery, but less than once a month, of daily, news, and weekly newspapers and magazines.

A fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines for promotional purposes (trial or introductory subscription) is not automatically renewed and terminates automatically at the end of the trial or introductory period.

Duration

If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with up to one month's notice, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a service contract, this period begins after the consumer has received confirmation of the agreement.

The consumer is required to immediately notify the business of any inaccuracies in the payment information provided or reported.

In the event of non-payment by the consumer, the business is entitled, subject to legal restrictions, to charge reasonable costs that have been communicated to the consumer in advance.

Article 14 – Complaint Procedure

Claims regarding the performance of the contract must be submitted to the contractor in a complete and clear manner within 7 days of the consumer discovering the defects.

Complaints submitted to the contractor will be answered within 14 days of receipt. If a complaint is expected to take longer to process, the contractor will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the contractor's obligations, unless the contractor specifies otherwise in writing.

If the contractor determines that a claim is justified, the contractor will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the business and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.