Terms and Conditions
ARTICLE 1 - DEFINITIONS
In these Terms and Conditions, the following definitions apply:
Cooling-off period: The period during which the consumer can exercise their right of withdrawal.
Consumer: A natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Duration contract: A distance contract concerning a series of products and/or services, where the obligation to deliver and/or purchase is spread over time.
Durable data carrier: Any means enabling the consumer or entrepreneur to store information that is personally addressed to them in a way that allows future consultation and unchanged reproduction of the information stored.
Right of withdrawal: The possibility for the consumer to cancel the distance contract during the cooling-off period.
Entrepreneur: A natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: An agreement in which, as part of an organized system by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques of communication at a distance until the conclusion of the agreement.
Distance communication technique: A means that can be used to conclude an agreement without the consumer and the entrepreneur being physically present at the same time.
General Terms and Conditions: These general terms and conditions of the entrepreneur.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Mysa London
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer from the entrepreneur and every distance contract and order 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, it will be indicated before the conclusion of the distance contract that the general terms and conditions are available for inspection at the entrepreneur’s location and will be sent free of charge to the consumer as soon as possible upon request.
If, contrary to the previous paragraph, the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the consumer electronically in such a way that they can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge upon request.
In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting general terms, the consumer may always rely on the most favorable provision for them.
If at any time one or more provisions of these general terms and conditions are fully or partially void or unenforceable, the agreement and these general terms and conditions remain in force for the rest, and the affected provision will be replaced without delay by a provision that closely matches the original provision’s objective.
Situations not governed by these General Terms and Conditions must be assessed "in the spirit" of these General Terms and Conditions.
Any ambiguity regarding the interpretation 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 duration or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is allowed to modify or adjust 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 a reasonable evaluation of the offer.
If the entrepreneur uses images, they are a faithful representation of the products and/or services offered. Manifest errors or obvious mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or cancellation of the contract.
Product images are a faithful representation of the offered products. The entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.
Each offer contains information such that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly concerns:
- The price, excluding customs duties and VAT on import. These additional costs are the responsibility and risk of the customer.
- Postal and/or courier services using special regulations for postal services concerning imports.
- How the contract is concluded and the necessary steps to do so.
- Whether the right of withdrawal applies or not.
- Payment, delivery, and execution methods for the contract.
- The offer acceptance period or the period during which the merchant guarantees the price.
- The level of distance communication rate if the costs of using the communication technique are calculated other than the regular base rate for the method of communication used.
- If the contract is archived after its conclusion and how the consumer can access it.
- How the consumer can inspect and, if necessary, correct the data provided before concluding the contract.
- Any other language, besides Dutch, in which the contract can be concluded.
- The merchant's codes of conduct and how the consumer can consult them electronically.
- The minimum duration of the distance contract in the case of a duration contract.
Optional: Available sizes, colors, type of materials.
ARTICLE 5 - THE CONTRACT
Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and meets the conditions stipulated therein.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. Until the receipt of this acceptance is confirmed by the entrepreneur, the consumer can dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within the limits of the law, inform themselves about whether the consumer can meet their payment obligations and any other facts and factors important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the contract, they have the right to refuse an order or impose special conditions on the execution, providing reasons for doing so.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in a way that allows the consumer to store it in an accessible manner on a durable data carrier:
- The address where complaints can be filed.
- The conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal.
- Information about warranties and after-sales services.
- Information as stated in Article 4 (3) of these general terms and conditions unless already provided to the consumer before the contract is executed.
- The conditions for terminating the contract if the contract lasts longer than one year or is of indefinite duration.
In the case of a duration contract, the above provision applies only to the first delivery.
Each contract is concluded under the suspensive condition of the sufficient availability of the products involved.
ARTICLE 6 - RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the possibility to dissolve the contract without giving any reason within 30 days. This cooling-off period starts the day after the consumer or a previously designated representative receives the product.
During the cooling-off period, the consumer will handle the product and its packaging with care. The product should only be unpacked or used to the extent necessary to evaluate whether the consumer wants to keep the product. If the consumer exercises their right of withdrawal, they must return the product to the entrepreneur with all accessories and, if reasonably possible, in the original condition and packaging, in accordance with the entrepreneur's reasonable and clear instructions.
If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 30 days of receiving the goods, either by written message or email. After the consumer has indicated they wish to exercise their right of withdrawal, they must return the product within 30 days. The consumer must prove that the product has been returned on time, for example, by providing proof of shipment.
If, after the expiration of the periods mentioned in paragraphs 2 and 3, the consumer has not informed the entrepreneur that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the sale is considered concluded.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
If the consumer exercises their right of withdrawal, the return shipping costs for the products are at their expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received by the entrepreneur or that conclusive proof of the complete return can be submitted.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
The merchant 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 merchant has clearly indicated this 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 merchant according to the consumer's specifications;
- Clearly of a personal nature;
- Which cannot be returned due to their nature;
- Which spoil or age quickly;
- Whose price depends on fluctuations in the financial market beyond the control of the entrepreneur;
- For individual newspapers and magazines;
- For audio and video recordings and software for which the consumer has broken the seal;
- For hygiene products for which the consumer has broken the seal.
The exclusion of the right of withdrawal is also possible for services:
- Hosting, transport, catering, or leisure activities to be performed at a specific time or during a specific period;
- Whose performance has started with the express consent of the consumer before the withdrawal period has expired;
- Regarding betting and lotteries.
ARTICLE 9 - PRICE
During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the control of the entrepreneur, at variable prices. This link with fluctuations and the fact that the mentioned prices are target prices will be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only allowed if they result from legal regulations or provisions.
Price increases after 3 months following the conclusion of the agreement are only allowed if the entrepreneur has stipulated:
- They are based on legal regulations or provisions; or
- The consumer has the right to dissolve the agreement from the day the price increase takes effect.
Under Article 5(1) of the 1968 VAT Act, the place of supply is the country where the transport begins. In this case, the supply takes place outside the EU. The postal or courier service then collects import VAT or customs duties from the customer. Therefore, no VAT is charged by the entrepreneur.
All prices are subject to printing and typographical errors. No responsibility is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
ARTICLE 10 - COMPLIANCE AND WARRANTY
The merchant guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of durability and/or usability, and the legal and/or government regulations in force at the time of the conclusion of the contract. If agreed, the merchant also guarantees that the product is suitable for a purpose other than normal use.
A warranty provided by the merchant, the manufacturer, or the importer does not affect the legal rights and claims the consumer may have against the merchant under the contract.
Any defective or wrongly delivered product must be reported to the merchant in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The warranty period of the merchant corresponds to the warranty period of the manufacturer. However, the merchant is never responsible for the final suitability of the products for any individual application by the consumer, nor for providing 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 has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise handled negligently or contrary to the instructions of the entrepreneur and/or on the packaging;
- The defect is entirely or partially the result of regulations set by the government regarding the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND PERFORMANCE
The merchant will take the greatest care when receiving and executing orders for products.
The delivery address is the address provided by the consumer to the business.
In accordance with what is stated in Article 4 of these terms and conditions, the merchant will execute accepted orders promptly but no later than 30 days unless the consumer has agreed to a longer delivery time.
If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the contract without cost and is entitled to any compensation.
In the case of dissolution under the previous paragraph, the merchant will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.
If delivery of an ordered product proves impossible, the merchant will attempt to provide a substitute item. At the latest at the time of delivery, it will be clearly and understandably stated that a substitute item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of a potential return will be borne by the merchant.
The risk of damage and/or loss of products lies with the merchant until the moment of delivery to the consumer or a representative previously designated and made known to the merchant, unless explicitly agreed otherwise.
ARTICLE 12 - TERMS OF THE CONTRACT: DURATION, TERMINATION, AND RENEWAL
Cancellation
Consumers may terminate a contract of indefinite duration, which extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of up to one month.
For the contracts mentioned in the previous paragraphs, the consumer may terminate at any time and is not limited to terminating at a specific time or within a specific period; at least terminate in the same manner as it was terminated; always terminate with the same notice period as the merchant has set for themselves.
The consumer may also terminate at any time with the same notice period as the merchant has set for themselves.
Renewal
A fixed-term contract concluded for the regular delivery of products (including electricity) or services cannot be automatically extended or renewed for a fixed term.
Contrary to the previous paragraph, a fixed-term contract concluded for the regular delivery of newspapers, news, and weekly magazines may be tacitly renewed for a fixed term not exceeding three months, provided the consumer can terminate this extended contract at the end of the extended term with a notice period not exceeding one month.
A fixed-term contract concluded for the regular delivery of products or services may be tacitly extended for an indefinite period only if the consumer can terminate this extended contract at any time with a notice period not exceeding one month, and with a notice period not exceeding three months in cases where the contract extends to what has been agreed, but less than once per month, with daily newspapers, news, and weekly magazines.
A fixed-term contract for the regular delivery of daily newspapers, news, and weekly magazines (trial or introductory subscription) is not tacitly continued and will automatically terminate after the trial or introductory period.
Duration
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 not exceeding one month, unless fairness and reason oppose termination before the agreed duration expires.
The consumer may terminate the contract at any time after one year with a notice period not exceeding one month.
ARTICLE 13 - PAYMENT
Unless otherwise agreed, amounts due from the consumer must be paid within 7 working days following the start of the reflection period mentioned in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.
The consumer is obligated to promptly report any inaccuracies in the payment details provided or mentioned.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs which have been previously communicated.
ARTICLE 14 - COMPLAINT PROCEDURE
Complaints regarding the execution of the contract must be submitted to the entrepreneur in a timely manner, completely, and clearly described, after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If the complaint cannot be resolved amicably, a dispute resolution procedure may arise.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.
If a complaint is deemed justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
ARTICLE 15 - LEGAL DISPUTES
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these terms and conditions apply. Even if the consumer lives abroad.
ARTICLE 16 - SMS MARKETING
By accepting SMS marketing from mysa.london during checkout and initiating a purchase or signing up via our registration tools, you agree to receive recurring SMS messages (for your order, including abandoned cart reminders), text marketing offers, and transactional texts, including review requests from us, even if your mobile phone number is listed on a state or federal opt-out list. Message frequency varies. Consent is not a condition of purchase.
If you no longer wish to receive SMS messages and marketing notifications, please reply STOP to any mobile message we send you or use the unsubscribe link provided in each of our messages. You understand and agree that alternative methods of unsubscribing, such as using other words or requests, will not be considered an appropriate method of unsubscribing. We do not charge for the service, but you are responsible for any fees or charges your mobile service provider may charge for text messages. Message and data rates may apply.
GOVERNING LAW AND DISPUTE RESOLUTION
These terms and conditions shall be governed exclusively by the laws of HKSAR.
Any dispute, controversy or claim arising out of or in connection with this Agreement, whether in tort, contract, under statute or otherwise, including any question regarding its existence, validity, interpretation, breach or termination (“Dispute”), shall be referred to and finally resolved by binding arbitration at the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the HKIAC Administered Arbitration Rules (“Rules”), which Rules were deemed to be incorporated by reference into this clause and as may be amended by the rest of this clause.
MAVIBA LIMITED
UNIT 2A, 17/F GLENEALY TOWER
NO.1 GLENEALY CENTRAL
HONG KONG
If you have any questions, text HELP to the number you received the
message from or email us at [info@mysa-london.co.uk].