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, whose delivery and/or purchase obligation is spread over time.

Durable medium: any means that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future consultation and the 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 remotely.

Distance contract: an agreement under which, within a system organized by the entrepreneur for the distance sale of products and/or services, up until the conclusion of the contract, one or more distance communication techniques are used exclusively.

Distance communication technique: a means that can be used to conclude an agreement, without the consumer and the entrepreneur being in the same room at the same time.

General conditions: these are the 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 professional and to every distance contract and order concluded between the professional and the consumer.

Before concluding the distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before concluding the distance contract, it will be indicated that the terms and general conditions are available for consultation at the entrepreneur's premises 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, before the conclusion of the distance contract, the text of these general conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data medium. If this is not reasonably possible, before the conclusion of the distance contract it will be indicated where the general conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon 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 case of conflict between the general conditions, the consumer may always rely on the provision most favorable to them.

If at any time one or more provisions of these general conditions are wholly or partly null or can be annulled, the contract and these general conditions shall remain in force for the rest, and the provision in question shall be promptly replaced by a provision that comes as close as possible to the purpose of the original provision.

Situations not covered by these General Conditions must be assessed "in the spirit" of these General 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 - LHE 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 without obligation. The entrepreneur has the right to modify or adjust the offer.

Lhe offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a reasonable evaluation of the offer by the consumer.

evaluation of the offer by the consumer. If the entrepreneur uses images, these faithfully represent the products and/or services offered. Obvious or manifest errors in the offer do not bind the entrepreneur.

All images, specifications, and offer data are indicative and cannot be grounds for compensation or contract termination.

The product images are a faithful representation of the products offered. Lhe entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains information that makes it clear to the consumer what the rights and obligations related to the acceptance of the offer are. 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 regulation 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 the VAT (together with or without the invoiced customs clearance fees) from the recipient of the goods; any delivery charges; the terms of contract conclusion and the necessary measures for this purpose; the applicability or not of the right of withdrawal; the payment, delivery, and execution methods of the contract; the deadline for acceptance of the offer or the period during which the professional guarantees the price; the level of the distance communication tariff; if the costs of using the distance communication technique are calculated on a basis other than the normal base rate for the communication means 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, correct the data provided in the context of the contract before its conclusion; any other languages, besides Dutch, in which the contract can be concluded; the codes of conduct presented by the professional and how the consumer can electronically consult these codes of conduct; and the minimum duration of the distance contract in case of a long-term transaction. Optional: available sizes, colors, type 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 forth therein.

If the consumer has accepted the offer electronically, the professional will immediately confirm the receipt of the acceptance of the offer electronically. Until the receipt of such acceptance has been confirmed by the professional, the consumer may withdraw from the contract.

If the contract is concluded electronically, the professional must adopt 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 appropriate security measures.

Lhe entrepreneur may - within the scope of legal provisions - inquire whether the consumer is able to fulfill their 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 merchant has good reasons not to conclude the agreement, they have the right to refuse an order or to impose special conditions for execution, stating the reasons.

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

1. the address of the professional's office where 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 about existing warranties and after-sales services;
4. the information referred to in Article 4, paragraph 3, of these general conditions, unless the professional has already provided such information to the consumer before the execution of the contract;
5. the conditions for terminating the contract if the contract has a duration of more than one year or is indefinite.

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

Each contract is concluded under the suspensive condition of sufficient availability of the products concerned.

ARTICLE 6 - RIGHT OF WITHDRAWAL

At the time of purchasing products, the consumer has the option to cancel the contract without providing reasons for a period of 14 days. This reflection period begins the day after the product is received by the consumer or by a representative previously designated by the consumer and made known to the entrepreneur.

During the reflection period, the consumer will handle the product and its packaging with care. They will unpack or use the product only to the extent necessary to assess whether they wish to keep it. If they exercise the right of withdrawal, they 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, they must notify the entrepreneur within 14 days of receiving the goods. The consumer must communicate this via a written message or an email. After indicating that they wish to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered product was returned on time, for example by providing proof of shipment.

If after the expiration of the periods referred to in paragraphs 2 and 3 the consumer has not informed the professional of their intention to exercise the right of withdrawal or has not returned the product to the professional, the sale is considered concluded.

ARTICLE 7 - COSTS IN CASE OF RIGHT OF WITHDRAWAL

If the consumer exercises the right of withdrawal, the costs of returning the products are borne by them.

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 complete return can be provided.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. Lhe exclusion of the right of withdrawal applies only if the
the merchant has clearly indicated it in the offer, at least in good time before the conclusion of the contract.
Lthe exclusion of the right of withdrawal is only possible for products

1. that have been created by the merchant based on the consumer's specifications; or
2. which are clearly of a personal nature
3. that cannot be returned due to their nature
4. that get damaged 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 computer software whose seal the consumer has broken.
8. for hygiene products whose seal the consumer has broken.

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

1. accommodation, transportation, catering, or leisure services to be provided at a specific time or during a specific period;
2. whose delivery began with the consumer's express consent before the expiration 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 modifications 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 connection to fluctuations and the fact that the prices indicated 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 result from regulations or legal provisions.

Price increases starting from 3 months after the contract signing are allowed only if the entrepreneur has established it:

1. are based on laws or legal provisions; or
2. The consumer is entitled to withdraw from the contract on the day the price increase takes effect.

Pursuant to Article 5, paragraph 1, of the 1968 turnover tax law, the place of delivery is the country where the transport begins. In the case in question, the delivery takes place outside the EU. The postal or courier service therefore collects VAT on import or customs clearance charges from the customer. Therefore, the entrepreneur does not charge VAT.

All prices are subject to printing and typing errors. No responsibility is assumed 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 merchant guarantees that the products and/or services comply with the contract, the specifications indicated in the offer, the reasonable requirements of reliability and/or ease of use, and the legal provisions and/or government regulations in force at the time the contract is concluded. If agreed, the merchant also guarantees that the product is suitable for a use different from the normal one.

The warranty provided by the retailer, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the retailer under 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 the 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, nor for providing advice on the use or application of the products.

The warranty does not apply if

The consumer has personally repaired and/or modified the delivered products or has had them repaired and/or modified by third parties;

the delivered products were exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or the packaging;

Lnadequacy is entirely 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

Lhe entrepreneur commits to paying the utmost attention in receiving and fulfilling product orders.

The delivery location is the address that the consumer has provided to the company.
Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period.

If the 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 the order. In such a case, the consumer must contact customer service.

In the event of contract termination pursuant to 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 termination.

If the delivery of an ordered product is impossible, the entrepreneur will commit to providing a substitute item. At the latest at the time of delivery, it will be clearly and understandably indicated that a substitute item is being delivered. The right of withdrawal cannot be excluded for substitute items. 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 to a representative made known to the entrepreneur in advance, unless explicitly agreed otherwise.

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

Withdrawal

The consumer may withdraw at any time from an open-ended contract that extends to the regular delivery of products (including electricity) or services, in compliance with the applicable termination rules and a notice period not exceeding one month.

The consumer may withdraw from a fixed-term contract, which extends to the regular supply of products (including electricity) or services, at any time towards the end of the established period, in compliance with the agreed termination rules and with a notice period not exceeding one month.

For the contracts mentioned in the previous paragraphs, the consumer may 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 the withdrawal was made; 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.

Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular supply of newspapers, newsletters, and weeklies may be tacitly renewed for a fixed period not exceeding three months, if the consumer can withdraw from the extended contract towards the end of the extension period with a notice not exceeding one month.

A fixed-term contract concluded for the regular delivery of products or services can be tacitly extended to an indefinite term only if the consumer can withdraw at any time with a notice period not exceeding one month and a notice period not exceeding three months in the case where the contract extends to what has been agreed, but less than once a month, with newspapers, news bulletins, and weeklies.

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

term

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

ARTICLE 13 - PAYMENT

Unless otherwise agreed, the amounts due from 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 has the duty to immediately report to the entrepreneur any inaccuracies in the payment data provided or mentioned.

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

ARTICLE 14 - COMPLAINT PROCEDURE

Claims related to the execution of the contract must be submitted to the entrepreneur within a reasonable time, in a complete and clearly described manner, after the consumer has detected the defects.

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

Once the customer has filed a PayPal dispute, any refunds, discounts, or other remedies previously offered will automatically become void. 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 operator's obligations, unless the operator indicates otherwise in writing.

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

ARTICLE 15 - LEGAL DISPUTES

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

ARTICLE 16 - STOCK EXHAUSTION

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 be restocked or receive a voucher worth 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 the products we offer.

ARTICLE 17 - REFUELING FEE

Athlone-Fashion applies a repopulation 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 provided address is incorrect or incomplete and the package is returned to us. (You can provide us with the exact delivery address so that 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 fees: 25% of the item's price will be deducted from the refund to cover the costs of return processing, restocking, and shipping.

Refund procedure: Once the returned item has been received and inspected, 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 needs, contact our customer service at info@athlone-fashion.com.

ARTICLE 18 - ARTICLES FOR L

A list of non-returnable and non-refundable hygiene items (the list is not exhaustive): Underwear, bikinis, makeup, hair styling 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 - ORDER OF DIFFERENT ITEMS: COLOR/SIZE

We at Athlone-Fashion 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. Before completing your purchase, please make sure you have made the right choice. For any questions or clarifications about sizes/colors before ordering, please contact our customer service at info@athlone-fashion.com

ARTICLE 20 - MARKETING VIA SMS

By accepting Stile Viva's SMS marketing at checkout and at the start of a purchase or by subscribing 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 review requests 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 marketing messages and notifications via SMS, reply STOP to any mobile message we send you or use the unsubscribe link provided in each of our messages. Lhe user understands and agrees that alternative methods to unsubscribe, such as using other words or requests, are not considered an appropriate method to unsubscribe. The Service is free of charge, 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 with HELP to the number from which the messages were received. For more information, you can contact us at (https://athlone-fashion.com/pages/contatto).

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

To the extent permitted by law, the user agrees that we shall not be liable for any omissions, delays, or incorrect deliveries 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 right to privacy is important to us. You can read about the methods of collecting and using your personal data in our Privacy Policy(https://athlone-fashion.com/pages/informativa-sulla-privacy).