Terms
Article 1 – Definitions
For the purposes of these Terms and Conditions, the following terms shall have the following meanings:
Consumer: a natural person, not acting in a professional or commercial capacity, who enters into a distance contract with the Seller.
Day: a calendar day.
Distance Contract: a contract concluded between the Seller and the Consumer using one or more means of distance communication, without the Seller and the Consumer being simultaneously present in the same physical location.
Distance Communication Technology: any means that can be used to conclude a contract without the Consumer and the Seller being simultaneously present in the same physical location.
Durable Medium: any medium that enables the Consumer or the Seller to store information in such a way that it remains accessible and can be reproduced in an unchanged form.
Contract for a Definite Period: a distance contract providing for the regular delivery of goods and/or services over a defined period.
General Terms and Conditions: these standard terms and conditions of the Seller.
Return Period: the period within which the Consumer may exercise the right of withdrawal.
Right of Withdrawal: the Consumer's right to withdraw from the distance contract within the Return Period.
Seller / Entrepreneur: a natural or legal person offering goods and/or services to Consumers at a distance.
Article 2 – Identity of the Seller
Contact email: info@auction-liquidators.com
Governing Law: These Terms and Conditions, and any contract concluded between the Seller and the Consumer, are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Any disputes arising from or in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of the courts of Hong Kong SAR.
Name of the company: Fashionista Trends Limited
Company No.: 76195069
Address: 66 Chai wan kok street, Tsuen wan, Hong Kong
Article 3 – Applicability
These General Terms and Conditions apply to every offer made by the Seller and to every distance contract and order concluded between the Seller and the Consumer. The General Terms and Conditions shall be made available to the Consumer before the distance contract is concluded. By placing an order, the Consumer acknowledges and agrees that these Terms and Conditions, governed by the laws of Hong Kong SAR, apply to the transaction.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to certain conditions, this shall be clearly stated in the offer. The offer shall contain a complete and accurate description of the products and/or services offered. Obvious errors or mistakes in the offer shall not bind the Seller. Illustrations, specifications, and other information included in the offer are for indicative purposes only and shall not give rise to any right to compensation or dissolution of the agreement.
Article 5 – The Contract
The contract is concluded at the moment the Consumer accepts the offer and fulfils the applicable conditions. Where the Consumer accepts the offer electronically, the Seller shall promptly confirm receipt of such acceptance by electronic means. As long as receipt of the acceptance has not been confirmed by the Seller, the Consumer may dissolve the contract. The Seller shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure online environment.
Article 6 – Right of Withdrawal
When purchasing products, the Consumer has the right to withdraw from the contract within 30 days without giving any reason. This period begins on the day after the Consumer, or a representative designated by the Consumer, receives the product.
During the withdrawal period, the Consumer shall handle the product and its packaging with care. The Consumer may only unpack or use the product to the extent necessary to assess its nature, characteristics, and functioning, similar to how one would handle a product in a physical store.
The Consumer must notify the Seller in writing or by email of the intention to exercise the right of withdrawal within 30 days of receipt of the product. After sending such notification, the Consumer has a further 30 days to return the product and must provide proof of timely return shipment. If the Consumer fails to provide timely notification or fails to return the product within the stated deadlines, the purchase shall be considered final.
Article 7 – Costs of Withdrawal
If the Consumer exercises the right of withdrawal, the Consumer shall bear the direct costs of returning the product. The Seller shall refund all payments received from the Consumer within 5 business days of receiving the returned product, or upon receiving sufficient proof of complete return, whichever comes first.
Article 8 – Exclusion of the Right of Withdrawal
The Seller may exclude the Consumer's right of withdrawal for certain products and services, provided that this exclusion is clearly stated in the offer before the contract is concluded. Exclusion of the right of withdrawal may apply to the following:
Products made to the Consumer's specifications or clearly personalised items;
Products that are not suitable for return due to hygiene or health protection reasons and whose seal has been broken after delivery;
Products that are perishable or have a limited shelf life;
Products whose price is subject to fluctuations in the financial market beyond the Seller's control;
Sealed audio recordings, video recordings, or computer software whose seal has been broken after delivery;
Services where performance has begun with the Consumer's express prior consent before the end of the withdrawal period;
Bets and lotteries.
Article 9 – Prices
During the period of validity of the offer, the prices of products and/or services shall not be increased, except for price changes resulting from changes in applicable tax rates. Price increases within 3 months of the conclusion of the contract are only permitted where required by statutory regulations or provisions. After 3 months, price increases are only permitted if the Seller has stipulated this and the Consumer has the right to terminate the contract as of the date the price increase takes effect.
All prices are inclusive of applicable taxes unless stated otherwise. Deliveries to destinations outside Hong Kong SAR may be subject to import duties, customs charges, or additional fees imposed by postal or courier services, which are the responsibility of the Consumer.
Obvious pricing errors do not bind the Seller, and the Seller is not obligated to deliver products at an incorrect price.
Article 10 – Conformity and Guarantee
The Seller guarantees that the products and/or services conform to the contract, the specifications stated in the offer, and the reasonable standards of quality and usability, as well as applicable legal provisions in force at the date of the conclusion of the contract.
Any defects or incorrectly delivered products must be reported to the Seller in writing within 30 days of delivery. The warranty period corresponds to the manufacturer's warranty period. The Seller shall not be held liable for the suitability of the products for any particular purpose unless expressly stated.
The warranty shall be void in the event of self-repairs or modifications by the Consumer or third parties, improper use, exposure to abnormal or unsuitable conditions, or any breach of applicable instructions or regulations.
Article 11 – Delivery and Performance
The Seller shall process and fulfil orders for products with due care. The place of delivery shall be the address communicated by the Consumer to the Seller. Delivery shall take place within 30 days of the order, unless a different delivery period has been agreed.
In the event of delayed or incomplete delivery, the Consumer shall be notified no later than 30 days after placing the order. In such cases, the Consumer shall have the right to terminate the contract free of charge and, where applicable, to receive compensation. Upon termination, the Seller shall refund all amounts paid by the Consumer within 5 business days.
Where a product is unavailable, the Seller may offer a replacement item of equivalent quality and value. The Consumer shall be clearly informed of the replacement upon delivery. The right of withdrawal shall also apply to replacement items, and the Seller shall bear any return shipping costs for such replacements.
The risk of damage to or loss of products shall pass to the Consumer at the moment of delivery, unless expressly agreed otherwise.
Article 12 – Duration, Termination and Renewal
A contract of indefinite duration for the regular delivery of products or services may be terminated by the Consumer at any time, subject to the agreed termination conditions and a maximum notice period of one month.
A contract of fixed duration for the regular delivery of products or services may be terminated by the Consumer at the end of the agreed term, subject to the agreed termination conditions and a maximum notice period of one month.
A fixed-term contract shall not be tacitly renewed for a further fixed period, except in the case of subscriptions for newspapers, magazines, and periodicals, which may be tacitly renewed for a period of up to three months, provided the Consumer has the right to cancel within one month before the end of the renewal period.
For contracts with a duration exceeding one year, the Consumer may terminate the contract at any time after the first year with a maximum notice period of one month, unless such termination would be unreasonable.
Article 13 – Payment
Unless otherwise agreed, payment by the Consumer shall be made within 7 business days of the start of the withdrawal period referred to in Article 6. For service contracts, this period begins after the Consumer has received confirmation of the contract.
The Consumer is obliged to notify the Seller immediately of any inaccuracies in the payment details provided. In the event of non-payment, the Seller shall be entitled, subject to applicable legal restrictions, to charge the Consumer reasonable costs as communicated in advance.
Your order will be processed by Ferratini, governed by the laws of the Hong Kong Special Administrative Region.
Article 14 – Complaints Procedure
Complaints regarding the performance of the contract must be submitted to the Seller in full and in clear terms within 30 days of the Consumer discovering the defect. The Seller shall respond to complaints within 30 days of receipt. If a complaint requires a longer processing period, the Seller shall send an acknowledgement of receipt within 30 days, indicating the expected time frame for a substantive response.
If a complaint cannot be resolved by mutual agreement, the dispute shall be subject to arbitration or the jurisdiction of the courts of Hong Kong SAR, in accordance with the governing law of these Terms and Conditions.
In the event of a justified complaint, the Seller shall, at its discretion, provide a replacement delivery or carry out repairs free of charge.
Article 15 – Governing Law and Jurisdiction
These Terms and Conditions, and all contracts concluded between the Seller and the Consumer, shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
Any dispute arising from or in connection with these Terms and Conditions, or any contract to which they apply, shall be submitted to the exclusive jurisdiction of the competent courts of Hong Kong SAR.
The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
Nothing in these Terms and Conditions shall affect the Consumer's mandatory statutory rights under the applicable consumer protection laws of the Consumer's country of residence, to the extent that such rights cannot be waived or limited by contract.
Article 16 – Additional Provisions
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the original intent.
The Seller reserves the right to amend these Terms and Conditions. Any amendments shall be published on the Seller's website and shall apply to orders placed after the date of publication.
These Terms and Conditions are governed by the laws of the Hong Kong Special Administrative Region. Your order will be processed by Auction Liquidators in accordance with Hong Kong SAR law.