General Terms and Conditions

ARTICLE 1 - DEFINITIONS

The following definitions apply in these General Conditions:

Withdrawal Period: the period within which the consumer can exercise the right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or commercial activity and enters into a distance contract with the entrepreneur;

Duration Transaction: a distance contract relating to a series of products and/or services, the obligation of delivery and/or purchase of which is distributed over time.

Durable Support: any means that allows the consumer or entrepreneur to store information addressed personally to them in such a way as to allow for future consultation and unchanged reproduction of the stored information.

Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

Distance Contract: an agreement under which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication until the conclusion of the contract.

Distance Communication Technique: a means that can be used to conclude an agreement, without the consumer and the entrepreneur being simultaneously in the same room.

General Conditions: these general conditions of the entrepreneur.

ARTICLE 2 - COMPANY IDENTITY

Online store name: Athlone-Fashion
Trade name: OceanSpark Limited
Company number: 76987551
Address: Unit 1005, 10/F, Boss Commercial Centre, 28 Ferry Street, Yau Ma Tei, Kowloon, Hong Kong

Email address: info@athlone-fashion.com
Phone number: +31 6 10 09 19 81

ARTICLE 3 - APPLICATION

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the conclusion of the distance contract, the text of these general 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 consultation at the entrepreneur's premises and that they 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 conditions will be made available to the consumer electronically before the conclusion of the distance contract in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In the event that, in addition to these general conditions, specific product or service conditions apply, the second and third paragraphs will apply accordingly, and in the event of a conflict between the general conditions, the consumer can always rely on the provision that is most favorable to them.

If at any time one or more provisions of these general conditions are wholly or partially void or can be annulled, the contract and these general conditions will remain in force for the rest, and the provision in question will be replaced without delay by a provision that comes as close as possible to the purpose of the original provision.

Situations not regulated by these General Conditions will be assessed "in the spirit" of these General Conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of our General Conditions must be interpreted "in the spirit" of these General Conditions.

ARTICLE 4 - THE OFFER

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

The offer is non-binding. The entrepreneur has the right 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 enable a reasonable assessment of the offer by the consumer. If the entrepreneur uses images, these accurately represent the products and/or services offered. Obvious or manifest errors 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 contract dissolution.

The images of the products are a faithful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are associated with the acceptance of the offer. This particularly concerns:

The price, excluding customs clearance costs and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will use the special regulations for postal and courier services regarding imports. This regime applies when the goods are imported into the destination country within the Union, which is the case here. The postal and/or courier service collects VAT (together or less with the charged customs clearance costs) from the recipient of the goods; any delivery costs; the methods of concluding the contract and the necessary measures for this purpose; the applicability or otherwise of the right of withdrawal; the methods of payment, delivery, and execution of the contract; the term for accepting the offer or the term within which the entrepreneur guarantees the price; the level of the distance communication rate if the costs of using the distance communication technique are calculated on a basis other than the normal basic rate for the means of communication used; whether the contract is archived after its conclusion and, if so, how it is accessible to the consumer; how the consumer can check and, if necessary, rectify the data provided by him in the context of the contract before its conclusion; any other languages, in addition to Dutch, in which the contract can be concluded; the codes of conduct presented by the entrepreneur and how the consumer can consult such codes of conduct electronically; and the minimum duration of the distance contract in the case of a duration transaction. Optional: available sizes, colors, types of materials.

ARTICLE 5 - THE CONTRACT

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of such acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.

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

The entrepreneur may - within the framework of the legal provisions - inquire whether the consumer is able to meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the agreement, he has the right to refuse an order or to impose special conditions for execution, stating the reasons.

The entrepreneur must send the following information to the consumer along with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

1. the address of the entrepreneur's establishment to which the consumer can submit complaints;
2. the conditions and methods by which the Consumer can exercise the right of withdrawal or, if applicable, clear information on the exemption from the right of withdrawal;
3. information on existing guarantees and after-sales services;
4. the information referred to in Article 4, paragraph 3, of these general conditions, unless the entrepreneur has already provided the consumer with such information before the execution of the contract;
5. the conditions for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

Each contract is concluded subject to the condition precedent of sufficient availability of the products concerned.

ARTICLE 6 - RIGHT OF WITHDRAWAL

Upon purchasing products, the consumer has the option to dissolve the contract without providing reasons for a period of 14 days. This reflection period starts the day after the consumer or a previously designated representative of the consumer has received the product.

During the reflection period, the consumer will handle the product and its 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 the right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, he is obliged to inform the entrepreneur within 14 days of receiving the goods. The consumer must communicate this via a written message or email. After notifying that he wishes to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must demonstrate that the delivered 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 of his intention to exercise the right of withdrawal or has not returned the product to the entrepreneur, the sale is considered concluded.

ARTICLE 7 - COSTS IN CASE OF RIGHT OF WITHDRAWAL

If the consumer exercises the right of withdrawal, the return shipping costs for the products are at his expense.

If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but no later than 14 days from 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 presented.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur 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 entrepreneur has clearly indicated this in the offer, at least in good time before the conclusion of the contract. The exclusion of the right of withdrawal is possible only for products:

1. that have been created by the entrepreneur according to the specifications of the consumer; or
2. that are clearly of a personal nature;
3. that cannot be returned due to their nature;
4. that spoil or age quickly;
5. whose price is subject to fluctuations in the financial market that are beyond the control of the entrepreneur;
6. for individual newspapers and magazines;
7. for audio and video recordings and software for which the consumer has broken the seal;
8. for hygiene products for which the consumer has broken the seal.

The exclusion of the right of withdrawal is possible only for services:

1. services of accommodation, transport, catering, or leisure to be provided on a specific date or during a specific period;
2. whose delivery has started with the express consent of the consumer before the end of the withdrawal period;
3. related to betting and lotteries.

ARTICLE 9 - THE PRICE

During the validity period indicated in the offer, the prices of the products and/or services offered will not increase, except for price changes due to 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 and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that the indicated prices are indicative prices will be mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of regulations or legal provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has established that:

1. they are based on rules or legal provisions; or
2. the consumer is authorized to withdraw from the contract on the day the price increase takes effect.

According to Article 5, paragraph 1, of the Value Added Tax Act of 1968, the place of delivery is the country where the transport begins. In this case, the delivery takes place outside the EU. The postal or courier service therefore collects VAT on import or customs clearance costs from the customer. Therefore, the entrepreneur does not charge VAT.

All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing 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 reliability and/or usability, and the existing laws and/or government regulations at the time of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than the normal one.

The warranty provided by the entrepreneur, the manufacturer, or the importer does not affect the rights and claims that the consumer may assert against the entrepreneur based on the contract.

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

The warranty period of the entrepreneur corresponds to the warranty period of the manufacturer. However, the entrepreneur is never responsible for the final suitability of the products for any specific application by the consumer, nor for providing advice on 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 have been treated carelessly or contrary to the instructions of the entrepreneur and/or the packaging;

The inadequacy is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

ARTICLE 11 - DELIVERY AND EXECUTION

The entrepreneur commits to exercising the utmost care in receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company. Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur will execute the accepted orders promptly, 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 executed or can only be executed partially, the consumer will be informed no later than 30 days after the order. In that case, the consumer must contact customer service.

In the event of dissolution of the contract as referred to in the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days from the dissolution.

If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a substitute item. No later than at the time of delivery, it will be clearly and understandably indicated that a substitute item is being delivered. With substitute items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of the products is borne by the entrepreneur until the moment of delivery to the consumer or a representative previously made known to the entrepreneur, unless explicitly agreed otherwise.

ARTICLE 12 - TERM TRANSACTIONS: DURATION, TERMINATION, AND EXTENSION

Withdrawal

The consumer can withdraw from a contract concluded for an indefinite period that extends to the regular delivery of products (including electricity) or services, subject to applicable termination regulations and a notice period of no more than one month.

The consumer can withdraw from a fixed-term contract that extends to the regular supply of products (including electricity) or services at any time towards the end of the established period, subject to the agreed termination regulations and a notice period of no more than one month.

For the contracts mentioned in the previous paragraphs, the consumer can withdraw at any time and is not limited to withdrawing at a specific time or within a specific period; withdraw at least in the same manner as it was withdrawn; always withdraw with the same notice period that the entrepreneur has established for themselves.

Extension

A fixed-term contract concluded for the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a fixed term.

By way of derogation from the previous paragraph, a fixed-term contract concluded for the regular supply of newspapers, newsletters, and weeklies may be tacitly renewed for a fixed period of no more than three months, provided that the consumer can withdraw from the renewed contract towards the end of the renewal period with a notice period of no more than one month.

A fixed-term contract concluded for the regular delivery of products or services may be tacitly extended to an indefinite period only if the consumer can withdraw at any time with a notice period of no more than one month and a notice period of no more than three months in the case where the contract extends to what was agreed, but less than once a month, with newspapers, newsletters, and weeklies.

A fixed-term contract for the regular delivery of newspapers or weeklies (trial or introductory subscription) is not tacitly continued and automatically terminates after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer can withdraw from the contract after one year at any time with a maximum notice period of one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

ARTICLE 13 - PAYMENT

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days from the start of the reflection period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in the payment details provided or mentioned.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs communicated in advance to the consumer.

ARTICLE 14 - COMPLAINT PROCEDURE

Complaints regarding the execution of the contract must be submitted to the entrepreneur within a reasonable period, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.

Once the customer has submitted a PayPal dispute, refunds, discounts, or other remedies previously offered will automatically expire. By initiating the dispute process, the customer waives the right to accept or negotiate refunds or discount offers made prior to the dispute. All further actions are determined by the outcome of the PayPal dispute process. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

If the complaint is deemed justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

ARTICLE 15 - LEGAL DISPUTES

For agreements between the entrepreneur and the consumer to which these general conditions apply, exclusively the law of Hong Kong applies. Even if the consumer resides abroad.

ARTICLE 16 - OUT OF STOCK

If a product is out of stock at the time of purchase, we will contact you to inform you of the situation. You can then choose whether to wait for the product to return to stock or receive a voucher for the value of the purchase price.

The voucher can be used for a future purchase with us and has no expiration date. The voucher can be used for all products we offer.

ARTICLE 17 - RESTOCKING FEE

Athlone-Fashion applies a restocking fee in the following cases:

Returned items: If the order has been returned to the return address provided by us;

Incorrect/incomplete address: If the address provided is incorrect or incomplete and the package is returned to us. (You can provide us with the correct address for delivery so we can arrange a new delivery).

Refusal of acceptance: If the recipient refuses to accept the package, the package will be returned to us.

Not picked up from the local post office: if the package has not been picked up and is returned to us.

Restocking fee: 25% of the item price will be deducted from the refund to cover the costs of processing the return, restocking, and shipping.

Refund procedure: Once the returned item has been received and checked, the refund will be processed minus the restocking fee. The refund will be transferred to the original payment method.

Exceptions: If the return is due to an error on our part, no restocking fee will be charged.

For any questions or assistance, please contact our customer service at info@athlone-fashion.com.

ARTICLE 18 - HYGIENE ITEMS

A list of non-returnable and non-refundable hygiene items (the list is not exhaustive): Underwear, bikinis, makeup, hair products, wigs, lingerie, beauty products, etc. For the safety of our customers, we take hygiene and public safety seriously and refuse the return of beauty and health products.

ARTICLE 19 - ORDERING DIFFERENT ITEMS: COLOR/SIZE

At Athlone-Fashion, we understand that it is necessary to order multiple sizes or colors to find the perfect fit. However, we do not accept returns for orders with multiple sizes or colors of the same item. Please ensure you have made the right choice before completing your purchase. For any questions or clarifications regarding sizes/colors before ordering, please contact our customer service at info@athlone-fashion.com.

ARTICLE 20 - SMS MARKETING

By accepting SMS marketing from Stile Viva at checkout and initiating a purchase or signing up through our registration tools, the user agrees to receive recurring SMS messages (for the order, including reminders for abandoned purchases), SMS marketing offers, and transactional texts, including requests for reviews from us, even if their mobile number is registered on a state or federal "do not call" list. Message frequency varies. Consent is not a condition of purchase.

If you no longer wish to receive SMS marketing messages and notifications, reply STOP to any mobile message we send you or use the unsubscribe link provided in each of our messages. The user understands and agrees that alternative methods for opting out, such as using other words or requests, are not considered an appropriate method to unsubscribe. The Service is free, but the user is responsible for all fees and charges that their mobile service provider may apply to text messages. Message and data rates may apply.

For any questions, send an SMS to HELP at the number from which you received the messages. For more information, you can contact us at https://athlone-fashion.com/pages/contact.

We reserve the right to change the phone numbers or short codes used to provide the service at any time. In such cases, the user will be notified. The user agrees that messages sent to a phone number or short code that we have changed, including requests to STOP or HELP, may not be received and that we are not responsible for fulfilling requests made in such messages.

To the extent permitted by law, the user agrees that we will not be liable for any failures, delays, or misdeliveries of information transmitted through the Service, any errors in such information, and/or any actions taken or not taken by the user based on the information or the Service. Your privacy rights are important to us. You can read about how we collect and use your personal data in our Privacy Policy at https://athlone-fashion.com/pages/privacy-policy.