Terms of Service

Article 1 – Definitions

In these conditions it is understood as:

Reflection period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of his professional or entrepreneurial activity and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is deferred over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally, in such a way that it is possible to consult and reproduce it unchanged in the future.

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 remotely to consumers;

Distance contract: a contract concluded within a system organised by the entrepreneur for the distance selling of products and/or services, using exclusively one or more distance communication techniques until the conclusion of the contract;

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

General Conditions: these General Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur Company name: Hervey Bay Boutique  Customer service email: support@hervey-bay-boutique.com 

Email: director@shakamakamerce.com
Business Registration Number (BRN): 69433311
Company Name: Shakamaka Commerce Limited
Address: APARTMENT/ROOM A, 12TH FLOOR, ZJ 300, 300 LOCKHART ROAD, Wan Chai, Hong Kong

Article 3 – Applicability

These general conditions apply to all offers of the entrepreneur and to all distance contracts and orders between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general conditions are available from the entrepreneur and will be sent free of charge upon request of the consumer.

If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general conditions can be consulted electronically and that they will be sent free of charge at the consumer's request by electronic means or otherwise.

In the event that, in addition to these general conditions, specific product or service conditions also apply, the second and third paragraphs apply and the consumer can always appeal to the applicable provision that is most favorable to him in the event of conflicting general conditions.

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

Situations not covered by these general conditions must be assessed "in the spirit" of these general conditions.

Ambiguities as to the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

Article 4 – The offer

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

The offer is without obligation. The entrepreneur has the right to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a faithful representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.

All images, specifications data in the offer are indicative and cannot give rise to compensation or termination of the contract.

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

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns in particular:

the price, excluding customs duties and import VAT. These additional costs will be borne and at the risk of the customer. The postal service and/or courier will use the special regime for postal and courier services with regard to import. This regime applies if the goods are imported into the EU country of destination, as in the case in question. The postal service and/or courier collects the VAT (possibly together with customs duties charged) from the recipient of the goods;

any shipping costs;

how the contract will be concluded and what actions are necessary for this purpose;

whether or not the right of withdrawal applies;

the method of payment, delivery and execution of the contract;

the deadline for accepting the offer, or the deadline within which the entrepreneur guarantees the price;

the amount of the fee for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic fee for the means of communication used;

whether the contract will be archived after its conclusion and, if so, how it can be consulted by the consumer;

the way in which the consumer can check and, if he wishes, correct the data provided under the contract, before the conclusion of the contract;

any other languages ​​besides Dutch in which the contract can be concluded;

the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a transaction of duration. Optional: available sizes, colors, type of materials.

Article 5 – The contract

The contract is concluded, without prejudice to the provisions of paragraph 4, upon acceptance by the consumer of the offer and compliance with the established conditions.

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

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

The entrepreneur may, within the scope of the law, inquire whether the consumer is able to fulfill his payment obligations, as well as all those facts and factors that are relevant for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to conclude the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur shall provide the consumer with the following information together 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 medium:

the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

information on existing warranties and after-sales assistance;

the data included in article 4 paragraph 3 of these conditions, unless

the entrepreneur has not already provided this information to the consumer before

the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite.

In the case of a long-term transaction, 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 in question.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the possibility to terminate the contract without giving reasons within 14 days. This reflection period begins on the day after the consumer or a representative designated in advance by the consumer and communicated to the entrepreneur has received the product.

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

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must do so by means of a written message/email. After the consumer has communicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered products have been returned in a timely manner, for example by means of proof of shipment.

If the consumer has not communicated his intention to exercise his right of withdrawal within the terms set out in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fait accompli.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days of withdrawal. The condition is that the product has already been received by the online retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly indicated this in the offer, or at least in good time before the conclusion of the contract.

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

which have been made by the entrepreneur according to the consumer's specifications;

which are clearly of a personal nature;

which by their nature cannot be returned;

which can deteriorate or age rapidly;

whose price is subject to fluctuations in the financial market on which

the entrepreneur has no control;

for loose newspapers and magazines;

for audio and video recordings and computer software that the consumer has

the seal was broken.

for hygiene products whose seal has been broken by the consumer.

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

relating to accommodation, transportation, dining or recreational activities to be performed on a specific date or during a specific period;

the delivery of which began with the express consent of the consumer before the expiry of the reflection period;

relating 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, with the exception of price variations due to changes in VAT rates.

By way of derogation from the preceding 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 control, at variable prices. This dependence on fluctuations and the fact that any prices indicated are reference prices, are indicated in the offer.

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

Price increases starting 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to it and:

are the result of provisions of law or regulation; or

the consumer has the right to terminate the contract with effect from the day on which the price increase comes into force.

The goods are shipped from the supplier to you. As a consequence all prices on our website are excluding VAT and customs duties. 

You are responsible for the import of the goods in the country you order the goods to and the payment of all applicable taxes and customs duties.

The place of delivery is in accordance with Article 5, first paragraph, of the VAT Act 1968, in the country where the transport begins. In this case, the delivery takes place outside the EU. Therefore, the postal service or courier will charge the recipient the import VAT or customs costs. Accordingly, the entrepreneur will 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 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing at the date of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, the manufacturer or the importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The return of the products must take place in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. The entrepreneur is never liable for the final suitability of the products for each individual application by the consumer, nor for any 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 himself or has had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or otherwise treated negligently or in breach of the entrepreneur's instructions and/or packaging;

The defect is due in whole or in part to regulations which the government has enacted or will enacted regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will exercise the greatest possible care in receiving and fulfilling product orders.

The place of delivery is the address that the consumer has communicated to the company.

In accordance with article 4 of these general conditions, the company will execute accepted orders promptly but at the latest within 30 days, unless otherwise agreed with the consumer on 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 within 30 days of the order. In this case, the consumer has the right to terminate the contract without costs and is entitled to any compensation.

In case of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days of termination.

If the delivery of an ordered product is impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. Replacement items cannot exclude the right of withdrawal. The costs of any return are borne by the entrepreneur.

The risk of damage and/or loss of products is borne by the entrepreneur until the moment of delivery to the consumer or to a designated representative communicated in advance to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Long-term transactions: duration, termination and renewal

Cancellation

The consumer may terminate a contract concluded for an indefinite period and which provides for the regular delivery of products (including electricity) or services, at any time, by respecting the agreed cancellation rules and a maximum notice period of one month.

The consumer may terminate a contract concluded for a fixed period of time and which provides for the regular delivery of products (including electricity) or services, at any time at the end of the fixed period, respecting the agreed termination rules and a maximum notice period of one month.

The consumer can terminate the contracts mentioned in the previous paragraphs:

at any time and not be limited to cancellation at a specific time or during a specific period;

at least cancel them in the same way in which they were stipulated;

always cancel with the same notice period that the entrepreneur has agreed for himself.

Renewal

A contract concluded for a fixed period of time and providing for the regular delivery of products (including newspapers and magazines) or services, cannot be tacitly renewed or extended for a fixed period of time.

By way of derogation from the preceding paragraph, a contract concluded for a fixed period of time and providing for the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed contract at the end of the renewal with a notice period of up to one month.

A contract concluded for a fixed period of time and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a maximum notice period of one month and a maximum notice period of three months in the case where the contract provides for the regular delivery, but less than once a month, of daily, weekly and monthly newspapers and magazines.

A contract with a limited duration for the regular delivery of daily, weekly and monthly newspapers, magazines on a trial basis or as an introductory subscription is not tacitly extended and ends automatically at the end of the trial period or introductory period.

Duration

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

Article 13 – Payment

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

The consumer is obliged to promptly report to the entrepreneur any inaccuracies in the payment data provided or indicated.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the consumer for the reasonable costs previously communicated.

Article 14 – Complaints

Complaints about the performance of the contract must be submitted to the entrepreneur, fully and clearly described, within 7 days from the moment the consumer 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 message of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to dispute resolution.

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is justified, the entrepreneur will replace or repair the delivered products free of charge, at his discretion.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general conditions apply are governed exclusively by the laws of Hong Kong. Even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and strengthened from 2024 regarding the "Amendment of the VAT Act 1968 (Act Implementing the Payment Service Providers Directive)" and thus the implementation of the Central Electronic Payment Information System (CESOP), payment service providers can register data in the European CESOP system.

Article 17 – Prohibited Uses

In addition to other prohibitions stated in these terms, the consumer is prohibited from using the website or its content for:

• Any unlawful purpose;

• Violating intellectual property rights of the entrepreneur or third parties;

• Uploading harmful software, such as viruses;

• Sending spam, phishing attempts, or fraudulent activities;

• Uploading obscene, defamatory, or discriminatory content.

The entrepreneur reserves the right to take action, including terminating access to the services, for any violations of the prohibited uses.

Article 18 – Limitation of Liability

The entrepreneur cannot be held liable for direct, indirect, or consequential damages resulting from the use of the services, products, or information provided on the website. The entrepreneur’s total liability shall in no case exceed the amount paid by the consumer for the purchased goods or services.