GENERAL TERMS AND CONDITIONS

Article 1 – Definitions

In these General Terms and Conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of their trade, business, or profession and who concludes a distance contract with the trader;
Day: calendar day;
Continuous transaction: a distance contract for a series of products and/or services, the delivery and/or acceptance of which extends over a longer period;
Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows for future reference and unaltered reproduction of the stored information;
Right of withdrawal: the consumer's right to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of a system for the distance selling of products and/or services organized by the trader, exclusively using one or more means of distance communication up to and including the conclusion of the contract.
Technology for distance communication: any means that can be used to conclude a contract without the consumer and the trader being physically present at the same time.
General terms and conditions: these general terms and conditions of the trader.

Article 2 – Identity of the entrepreneur

Company name: DVM-Commerce Limited
Commercial Register Number: 76410859
Customer Service Email: elizabeth@myleatherbags.uk
Business Address: NO2C, Argyle Street, Kai yue Commercial Building, Mong Kok, Kowloon, Hong Kong

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance selling contract concluded between the entrepreneur and the consumer, as well as to all orders.
Before concluding a distance selling contract, the consumer will be provided with the text of these General Terms and Conditions. If this is not reasonably possible, the consumer will be informed before the conclusion of the distance selling contract that the General Terms and Conditions can be viewed at the entrepreneur's premises and will be sent to them immediately and free of charge upon request.
If the distance selling contract is concluded electronically, the text of these General Terms and Conditions may, notwithstanding the preceding paragraph, be provided to the consumer electronically in such a way that they can be stored on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the contract where the terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or by other means free of charge upon request.
If, in addition to these General Terms and Conditions, specific product or service terms and conditions also apply, paragraphs 2 and 3 apply accordingly, and in the event of conflicting terms and conditions, the consumer may always invoke the provision most favorable to them.
Should individual provisions of these General Terms and Conditions be wholly or partially invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by mutual agreement with a valid provision that most closely approximates its intended purpose.
Unregulated situations shall be assessed in the spirit of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of individual provisions shall likewise be interpreted in the spirit of these General Terms and Conditions.

Article 4 – The Offer

If an offer is valid for a limited time or subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The seller is entitled to change or adjust the offer at any time.
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 sound assessment of the offer. If the seller uses images, these represent a true-to-life depiction of the products and/or services. Obvious errors or mistakes in the offer are not binding on the seller.
All images and specifications in the offer are indicative only and cannot give rise to claims for damages or termination of the contract.
Product images represent the offered products as realistically as possible; however, it cannot be guaranteed that the colors shown exactly match the actual colors.
Every offer contains clear information about the rights and obligations associated with accepting the offer, in particular:

The price excludes customs clearance fees and import VAT, which are the responsibility of the customer. The postal or courier service will apply the import regulations and collect any applicable import VAT and customs clearance fees from the recipient.
possible shipping costs;
the manner in which the contract is concluded and what steps are required;
the existence or non-existence of a right of withdrawal;
Terms of payment, delivery and execution;
the period within which the offer can be accepted or the period during which the price is guaranteed;
Possible additional costs for remote communication methods;
whether the contract is archived and how it can be viewed by the consumer;
the way in which the consumer can check and correct his data before concluding the contract;
Possible other languages besides German/Dutch in which the contract can be concluded;
applicable codes of conduct and the possibility of viewing them electronically;
The minimum contract duration for ongoing transactions.
Optional: available sizes, colors, materials.

Article 5 – The Treaty

Subject to the provisions of paragraph 4, the contract is concluded the moment the consumer accepts the offer and fulfills the conditions stipulated therein.
If the consumer accepts the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. As long as the trader has not confirmed acceptance, the consumer may withdraw from the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to ensure the security of electronic data transmission and provide a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The trader may—within the limits of the law—verify whether the consumer can meet their payment obligations and take into account all circumstances relevant to the responsible conclusion of the distance contract. If, based on this verification, the trader has legitimate grounds not to conclude the contract, they are entitled to refuse an order or inquiry, stating the reasons, or to impose special conditions.
The trader will provide the consumer with the following information in writing or on a durable medium no later than upon delivery of the product or service:

the address of the entrepreneur's branch to which the consumer can address complaints;
the conditions and procedure for exercising the right of withdrawal or the indication if the right of withdrawal is excluded;
Information about warranties and existing customer service;
the information referred to in Article 4(3) of these terms and conditions, unless this information has already been provided to the consumer before the conclusion of the contract;
The terms and conditions for terminating the contract if it has a term of more than one year or is of indefinite duration.
For ongoing transactions, the preceding paragraph applies only to the first delivery.
All contracts are subject to the sufficient availability of the products in question.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period begins on the day after the consumer, or a representative previously designated by the consumer, receives the product.
During the withdrawal period, the consumer must handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to ascertain its nature, characteristics, and functioning. If the consumer exercises their right of withdrawal, they must return the product, including all accessories and—where reasonably possible—in its original condition and packaging, in accordance with the clear and reasonable instructions provided by the trader.
To exercise their right of withdrawal, the consumer must notify the trader in writing or by email within 14 days of receiving the product. After this notification, the consumer must return the product within a further 14 days. The consumer must be able to prove that the product was returned within the deadline, for example, by providing proof of postage.
If, after the expiry of the periods mentioned in paragraphs 2 and 3, the consumer does not indicate that he wishes to withdraw or does not return the product, the purchase contract shall be deemed final.

Article 7 – Costs in case of cancellation

If the consumer exercises their right of withdrawal, they bear the costs of return shipping.
If the consumer has already paid an amount, the seller will refund it as quickly as possible, but no later than 14 days after the withdrawal. This is conditional upon the seller having already received the product back or the consumer providing proof of complete return shipment.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for certain products in accordance with paragraphs 2 and 3. This exclusion is only permissible if the trader has clearly stated this in the offer, but at the latest before the conclusion of the contract.
An exclusion of the right of withdrawal is only possible for the following products:

which were manufactured according to customer specifications;
which are clearly personalized;
which cannot be returned due to their nature;
which can spoil or age quickly;
whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
individual newspapers and magazines;
Audio or video recordings and computer software whose seal has been broken by the consumer;
Hygiene products whose seal has been broken.

The right of withdrawal can only be excluded for services:

in the areas of accommodation, transport, catering or leisure, which are to be provided on a specific date or period;
whose execution has begun with the express consent of the consumer before the withdrawal period has expired;
in connection with betting or 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, unless this is due to changes in VAT rates.
Notwithstanding the foregoing, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which he has no control at variable prices. This adherence to market conditions, as well as the indication that the stated prices may be indicative, will be stated in the offer.
Price increases within three months of the conclusion of the contract are only permitted if they are based on legal regulations.
Price increases after three months from the conclusion of the contract are only permitted if this has been agreed upon and:

they are based on legal regulations or
The consumer has the right to terminate the contract from the date of the price increase.

The place of delivery is determined according to Article 5, Paragraph 1 of the 1968 Value Added Tax Act by the point at which shipment begins. In this case, delivery is outside the EU. Therefore, the postal or courier service will collect import VAT or customs clearance fees from the recipient. The seller does not charge VAT.
All prices are subject to printing or typographical errors. No liability is accepted for any consequences arising from such errors. In the case of obvious errors, the seller is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Guarantee

The seller guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the requirements for usability and reliability, and the legal provisions in force at the time of the conclusion of the contract. If agreed, the seller also guarantees that the product is suitable for a use other than its normal use.
A guarantee provided by the seller, manufacturer, or importer does not affect the consumer's statutory rights.
Any defects or incorrectly delivered products must be reported in writing within 14 days of delivery. Returns must be in the original packaging and unused.
The seller's guarantee period corresponds to the manufacturer's guarantee period. However, the seller is not liable for the ultimate suitability of the product for an individual application or for usage recommendations provided.
The guarantee does not apply if:

the consumer has repaired or modified the delivered product himself or has had this done by a third party;
the product has been exposed to unusual conditions, handled improperly, or used contrary to the instructions of the entrepreneur or the packaging;
the deficiency is wholly or partly attributable to official regulations concerning the materials used.

Article 11 – Delivery and Execution

The seller will exercise the utmost care when receiving and processing product orders.
The delivery address is the address provided by the consumer.
Subject to the provisions of Article 4 of these General Terms and Conditions, the seller will process accepted orders as quickly as possible, but no later than 30 days, unless a longer delivery period has been agreed upon with the consumer.
If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to cancel the contract free of charge and is entitled to a refund of any payments already made.
In the event of contract cancellation as described in the preceding paragraph, the seller will refund the amount paid to the consumer as quickly as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves impossible, the seller will endeavor to provide a substitute product. It will be clearly and comprehensibly indicated that the product is a substitute, at the latest upon delivery. The right of withdrawal cannot be excluded for substitute products. The seller will bear the costs of any return shipment in this case.
The risk of loss or damage to the products only passes to the consumer once the products have been handed over to the consumer or to a representative designated by the consumer, unless expressly agreed otherwise.

Article 12 – Standing Transactions: Termination and Renewal

Termination

The consumer may terminate a contract concluded for an indefinite period and involving the regular supply of products (including electricity) or services at any time, subject to a notice period of no more than one month.
A fixed-term contract involving the regular supply of products (including electricity) or services may be terminated by the consumer at the end of the respective contract term, subject to a notice period of no more than one month.
The consumer may terminate the aforementioned contracts:

You can terminate the contract at any time and are not bound to specific termination dates;
to terminate the contract in the same way it was concluded;
Always terminate with the same notice period that the entrepreneur has set for himself.

extension

A fixed-term contract for the regular delivery of products or services may not be tacitly extended or renewed for a specific term.
By way of derogation, a fixed-term contract for the regular delivery of daily, news, or weekly newspapers or magazines may be tacitly extended for a maximum of three months, provided that the consumer can terminate the contract at the end of the extension period with a notice period of no more than one month.
A fixed-term contract for the regular delivery of products or services may only be tacitly extended indefinitely if the consumer can terminate the contract at any time with a notice period of no more than one month. If the contract concerns the regular delivery of daily, news, or weekly newspapers or magazines less frequently than monthly, the notice period is a maximum of three months.
A contract for the regular delivery of newspapers or magazines for trial or introductory purposes is not tacitly extended and ends automatically after the trial or introductory period.

Duration

If a contract has a term of more than one year, the consumer may terminate it at any time after the end of one year with a notice period of no more than one month, unless the principles of good faith 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 working days from the start of the withdrawal period specified in Article 6, paragraph 1. In the case of a service contract, this period begins as soon as the consumer receives the contract confirmation.
The consumer is obliged to immediately notify the trader of any inaccuracies in the payment details provided or indicated.
In the event of late payment by the consumer, the trader is entitled to charge the consumer reasonable costs previously communicated to the consumer, subject to statutory limitations.

Article 14 – Complaints Procedure

Complaints regarding the performance of the contract must be submitted to the trader fully and clearly described within 7 days of the consumer discovering the defect.
The trader will respond to submitted complaints within 14 days of receipt. If a complaint requires a longer processing time, the consumer will receive an acknowledgement of receipt within 14 days, indicating when a detailed response can be expected.
If a complaint cannot be resolved amicably, a dispute arises, which is subject to the dispute resolution procedure.
A complaint does not release the trader from their obligations unless the trader declares otherwise in writing.
If the trader deems a complaint justified, they will, at their sole 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 refer are governed exclusively by Dutch law – even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and tightened from 2024 onwards as part of the “Amendment to the Value Added Tax Act 1968 (Implementation of the Payment Services Directive)” and the introduction of the Central Electronic System of Payment Information (CESOP) , payment service providers may be obliged to register certain payment data in the European CESOP system.

Contact

If you have any questions about this privacy policy or wish to exercise any of your rights, please contact us at:

Email: elizabeth@myleatherbags.uk

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