General terms and conditions of business
ARTICLE 1 – DEFINITIONS
The following definitions apply in these General Terms and Conditions:
Cooling-off period : the period within which the consumer can exercise his right of withdrawal;
Consumer : a natural person, not acting in the exercise of a profession or business, who enters into a distance contract with the entrepreneur;
Forward transaction : distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is extended over time;
Durable medium : any medium which enables the consumer or business to store information addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information is possible.
Right of withdrawal : the consumer's possibility to withdraw from the distance contract within the cooling-off period;
Entrepreneur : the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement in which, within the framework of a system of distance selling of products and/or services organised by the entrepreneur, up to and including the conclusion of the contract, only one or more distance communication techniques are used;
Distance communication technology: A medium that can be used to conclude a contract without the consumer and the entrepreneur being in the same room at the same time.
General Terms and Conditions : These are the general terms and conditions of the entrepreneur.
ARTICLE 2 – ENTREPRENEUR IDENTITY
Store Name: Carolina Campbell
Company Name: Wisdom Ecommerce Trading Company Limited
Chamber of Commerce Number: 3305340
Address: Unit 1005, 10/F, Boss Commercial Centre, 28 Ferry Street, Yau Ma Tei, Kowloon, Hong Kong Email Address: info@carolinacampbell.com
ARTICLE 3 – APPLICABILITY
These general terms and conditions apply to all offers of the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
Before the conclusion of the distance contract, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, before the conclusion of the distance contract, it will be indicated that the general terms and conditions can be consulted by the entrepreneur and, at the consumer's request, they will be sent free of charge as soon as possible.
If the distance contract is concluded by electronic means, contrary to the previous paragraph and before the conclusion of the distance contract, the text of these General Terms and Conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the conclusion of the distance contract, an indication will be made of where the general terms and conditions can be read electronically and that they will be sent electronically or by other means free of charge at the consumer's request.
In the event that certain product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and the consumer may always rely on the provision that is most favourable to him in the event of conflicting general terms and conditions.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or declared void, the Agreement and these General Terms and Conditions shall remain in force and the relevant provision shall be immediately replaced by a provision that is as close as possible to the purpose of the original.
Situations not regulated by these General Terms and Conditions must be evaluated "in the spirit" of these General Terms and Conditions.
Any ambiguity regarding the explanation or content of one or more provisions of our General 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 subject to conditions, this will be expressly stated in the offer.
The offer is subject to change. The entrepreneur has 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 provide a fair assessment of the
The consumer's offer. If the entrepreneur uses images, these are a faithful representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.
All images and technical data in the offer are indicative and cannot give rise to any compensation or termination of the contract.
The images accompanying the products are a faithful representation of the products offered. The entrepreneur cannot guarantee that the colours shown correspond exactly to the real colours of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:
the price, excluding customs clearance costs and import sales tax. These additional costs are at the expense and risk of the customer. Postal and/or courier services shall benefit from the special arrangement for postal and courier services in relation to imports. This arrangement applies when goods are imported into the Union country of destination, as is also the case here. The postal and/or courier service collects VAT (whether or not it is charged together with the invoiced customs clearance charges) from the recipient of the goods;
possible shipping costs;
the manner in which the agreement is concluded and what measures are required for it;
whether or not there is a right of withdrawal;
the method of payment, delivery and execution of the contract;
the period for accepting the offer or the period within which the entrepreneur guarantees the price;
the level of the tariff for long-distance communications if the costs of using the technology for long-distance communications are calculated on a basis other than the regular basic tariff for the means of communication used;
Whether the agreement will be archived after its conclusion and, if so, how the consumer will be able to view it;
the manner in which the consumer can check and, where appropriate, restore the data provided by him under the contract before concluding the contract;
all other languages in which the agreement may be concluded in addition to Dutch;
the codes of conduct presented by the trader and the way in which the consumer can consult these codes of conduct electronically; and
the minimum term of the distance contract in the case of a transaction of duration. Optional: available sizes, colours, type of materials.
ARTICLE 5 – THE AGREEMENT
Without prejudice to the provisions of paragraph 4, the contract is concluded at the time of acceptance of the offer by the consumer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately acknowledge receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may withdraw from the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transmission of data and to ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within the legal framework, find out whether the consumer is able to 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 reasons for not concluding the contract, he is entitled to refuse an order or to make a justified request or to impose special conditions on the performance.
The entrepreneur sends the following information to the consumer together with the product or service in writing or in a form that can be stored in an accessible manner by the consumer on a durable medium:
- the address of the entrepreneur's branch office where the consumer can contact him in case of complaints;
- the conditions under which and how the consumer can exercise his right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- existing warranty and customer service information;
- the information contained in Article 4, paragraph 3 of these General Terms and Conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the contract;
- the conditions for termination of the contract if the contract has a duration of more than one year or is indefinite.
In the case of a long-term transaction, the provisions of the preceding paragraph only apply to the first delivery.
Every contract is concluded subject to the suspensive conditions of sufficient availability of the products in question.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the option to withdraw from the contract within 30 days without giving reasons. This cooling-off period begins on the day after receipt of the product by the consumer or a representative appointed in advance by the consumer and communicated to the entrepreneur.
During the cooling-off period, the consumer will treat the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he will return the product with all accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the entrepreneur's reasonable and clear instructions.
If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days of receipt of the goods. The consumer must communicate this by written message/email. Once the consumer has communicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of postage.
If, after the periods mentioned in paragraphs 2 and 3 have elapsed, the customer has not communicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase will be a fact.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
If the consumer exercises his 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 14 days after cancellation. The condition is that the webshop owner has already received the product or that conclusive proof of the full refund can be provided.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The entrepreneur may exclude the consumer's right of withdrawal with respect to the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the
The businessman made this clear in the offer, at least in time for the conclusion of the contract.
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 age quickly;
- whose price is subject 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 programs whose seal has been broken by the consumer.
- for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for the following services:
- Accommodation, transportation, catering or leisure activities to be carried out at a specific time or during a specific period;
- whose delivery was initiated with the express consent of the consumer before the end of the reflection period;
- in relation to betting and lotteries.
ARTICLE 9 – THE PRICE
During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
Contrary to the provisions of the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This obligation to fluctuate and the fact that the prices indicated are indicative are indicated in the offer.
Price increases are only permitted within 3 months of conclusion of the contract if they are based on legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to it and:
- arising from legal rules or provisions; or
- The consumer has the right to withdraw from the contract with effect from the day on which the price increase takes effect.
The place of delivery is based on section 5, paragraph 1 of the Sales Tax Act 1968 in the country where the transport begins. In this case, this delivery takes place outside the EU. The postal or courier service then charges the customer the import sales tax or customs clearance costs. Therefore, no VAT is charged to the entrepreneur.
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 and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
ARTICLE 10 – COMPLIANCE AND WARRANTY
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of robustness and/or usability and the statutory and/or governmental regulations in force at the time of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.
A guarantee from the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.
Any defect or incorrectly delivered product must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer or for any advice on the use or application of the products.
The warranty does not apply if:
The consumer repaired and/or processed the delivered products himself or had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or have been treated contrary to the entrepreneur's instructions and/or have been treated in the packaging;
The inadequacy is the result, in whole or in part, of regulations that the Government has established or will establish 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 provided to the company.
Pursuant to Article 4 of these General Terms and Conditions, the Company will execute accepted orders promptly, 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 can only be executed partially, the consumer will be notified no later than 30 days after placing the order. In this case, the consumer has the right to withdraw from the contract without costs and is entitled to compensation.
In the event of termination pursuant to the preceding paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest at the time of delivery, the entrepreneur will be informed in a clear and comprehensible manner that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of the products falls on the entrepreneur until the moment of delivery to the consumer or to a representative announced to the entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 – TERM OPERATIONS: VALIDITY, TERMINATION AND RENEWAL
termination
The consumer may terminate a contract concluded for an open-ended period and covering the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and with a notice period of no more than one month.
The consumer may terminate a contract concluded for a specified period and covering the regular supply of products (including electricity) or services at any time towards the end of the stated term, subject to agreed termination rules and a notice period of no more than one month.
The consumer may in the contracts referred to in the preceding paragraphs
terminate at any time and not be limited to termination at a particular time or during a particular period;
terminate at least in the same form in which they were received from him;
Always cancel with the same notice period that the employer has set.
extension
A contract concluded for a fixed period and covering the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Contrary to the previous paragraph, a contract concluded for a specific period and covering the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a specific period of up to three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A contract concluded for a fixed period and extending to the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer provides at any time a notice period of no more than one month and a notice period of no more than less than three months if the contract extends to the agreed upon, but less than once a month, with daily, news and weekly newspapers and magazines.
A temporary agreement for the regular supply of daily, news and weekly newspapers and magazines (trial or introductory subscription) does not continue tacitly and ends automatically after the trial or introductory phase.
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If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed term.
ARTICLE 13 – PAYMENT
Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days following the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the payment data provided or made available.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge reasonable costs communicated to the consumer in advance.
ARTICLE 14 – COMPLAINTS PROCEDURE
Complaints regarding the execution of the contract must be addressed to the entrepreneur, in a complete and clearly described manner, within 7 days of the consumer discovering the defects.
Complaints addressed to the entrepreneur will be dealt with within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute subject to dispute resolution will arise.
A complaint does not suspend the employer's obligations unless the employer states otherwise in writing.
If the entrepreneur considers a claim to be justified, he will, at his own discretion, replace or repair the delivered products free of charge.
ARTICLE 15 – DISPUTES
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are subject exclusively to Dutch law. Even if the consumer lives abroad.
ARTICLE 16 – SMS MARKETING
By accepting SMS marketing from Amalia Rivera at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned cart reminders), text marketing offers, and to receive transactional text messages, including requests for reviews from us, even if your mobile phone number is registered on a state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase. If you wish to opt out of receiving SMS marketing messages and notifications, please reply STOP to any mobile message we send or use the unsubscribe link we provide in each of our messages. You understand and agree that there are alternative methods to opt out, such as: The use of other words or requests, such as the use of different words or requests, will not be considered an appropriate method to opt out. We do not charge for the Service, but you are responsible for all costs and fees charged by your wireless carrier for text messages. Message and data rates may apply. If you have any questions, please text HELP to the number you received the messages from. You may also contact us at https://www.carolinacampbell.com/pages/contact for more information. We reserve the right to change the phone numbers or short numbers we use to operate the Service at any time. You will be notified in such cases. You agree that any messages you send to a phone number or short code that we change, including STOP or HELP requests, may not be received and that we will not be responsible for honoring any requests made in such messages. To the fullest extent permitted by law, you agree that we will not be liable for any failed, delayed, or misdirected delivery of any information sent through the Service, for any errors in such information, and/or for any actions taken by you in reliance on the information or to perform or fail to perform the Service, are responsible. Your right to data protection is important to us. You can read how we collect and use your personal data in our privacy policy https://www.carolinacampbell.com/pages/privacy-policy .