Terms of Service

Article 1 - Definitions

In these conditions, the following terms shall have the meanings indicated below:

Reflection period : the period during which the consumer can exercise their right of withdrawal;

Consumer : the natural person who does not act in the exercise of a profession or business and who concludes a distance contract with the business;

Day : calendar day;

Fixed-term operation : distance contract relating to a series of products and/or services whose delivery and/or purchase obligation extends over time;

Durable medium : any instrument that allows the consumer or the business to store information personally addressed to them in a way that is accessible for future consultation and unaltered reproduction of the stored information.

Right of withdrawal : the consumer's option to rescind the distance contract within the reflection period;

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

Distance contract : agreement by which, within a system organized by the business for the distance sale of products and/or services, up to and including the conclusion of the agreement, one or more distance communication techniques are used exclusively;

Distance communication techniques : means that can be used to conclude an agreement without the consumer and the business being in the same place at the same time.

General Conditions: these General Conditions of the business.

Article 2 - Identity of the business

Company name: Gacilo Ecom Limited
Commercial registration number: 77566798
Company address: Suite C, 7th floor, World Trust Tower, 50 Stanley Street, Central, Hong Kong

Article 3 - Applicability

These general conditions apply to all offers from the business and to all distance contracts and orders concluded between the business and the consumer.

Before entering into 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 entering into the distance contract that the general conditions can be consulted at the business and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, notwithstanding the provisions of the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that they can easily store it on a durable data medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in case of conflict between the general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or void, the contract and these general terms and conditions shall remain in effect otherwise, and the provision in question shall be replaced without delay and by mutual agreement with a provision that most closely approximates the meaning of the original.

Situations not covered by these general terms and conditions shall be evaluated "in the spirit" of the same.

Any ambiguity regarding the interpretation or content of one or more provisions of our general 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 explicitly stated in the offer.

The offer is non-binding. The business has the right to modify and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to properly evaluate the offer. If the business uses images, these are a faithful representation of the products and/or services offered. Obvious or manifest errors in the offer do not bind the business.

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

The product images are a true representation of the products offered. The business cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations come with accepting the offer. This specifically refers to

  • the price, excluding customs clearance fees and import VAT. These additional costs will be borne and assumed by the customer. The postal and/or courier service will use the special postal and courier services regime regarding import. This regime applies if the goods are imported into the EU destination country, which is also the case here. The postal and/or courier service collects VAT (along with customs clearance fees charged or not) from the recipient of the goods;
  • possible shipping costs;
  • how the agreement will be concluded and the necessary actions for this;
  • the application or not of the right of withdrawal;
  • the method of payment, delivery, and execution of the agreement;
  • the acceptance period of the offer, or the period during which the entrepreneur guarantees the price;
  • the level of the distance communication tariff if the costs of using the distance communication technology are calculated on a basis other than the usual basic rate for the communication medium used;
  • whether the agreement is archived once concluded and, if so, how the consumer can consult it;
  • how the consumer can check and, if necessary, correct the data provided in the context of the agreement before concluding it;
  • other languages in which, besides Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a continuous transaction.

Optional: available sizes, colors, types of materials.

Article 5 - The agreement

Without prejudice to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out in it.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until the entrepreneur has confirmed receipt of this acceptance, the consumer may dissolve the agreement.

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

The business may - within legal frameworks - inquire whether the consumer can meet their payment obligations, as well as all facts and factors important for a responsible conclusion of the distance contract. If the business, based on this investigation, has good reasons not to conclude the contract, it has the right to reject an order or request with reasons or to attach special conditions to the execution.

The business will send the following information to the consumer with the product or service, in writing or in a way that the consumer can store it accessibly on a durable data medium:

  1. the address of the business establishment to which the consumer can direct complaints;
  2. the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
  3. information about existing warranties and after-sales service;
  4. the information included in section 3 of article 4 of these terms and conditions, unless the business has already provided this information to the consumer before the execution of the agreement;
  5. the requirements to cancel the agreement if it has a duration of more than one year or is indefinite.

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

Each agreement is concluded under the suspensive conditions of sufficient availability of the products in question.

 

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the option to cancel the contract without stating reasons within 14 days. This reflection period begins the day after the consumer or a representative previously designated by the consumer and made known to the business receives the product.

During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to evaluate whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the business, in accordance with the reasonable and clear instructions provided by the business.

If the consumer wishes to exercise their right of withdrawal, they are obliged to inform the entrepreneur within 14 days of receiving the product. The consumer must communicate this by written message/email. Once the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods were returned on time, for example, by providing a shipping receipt.

If the customer has not indicated that they wish to exercise their right of withdrawal after the deadlines mentioned in sections 2 and 3 have expired or has not returned the product to the entrepreneur, the purchase is final.

Article 7 - Costs in Case of Revocation

If the consumer exercises their right of withdrawal, the costs of returning the products will be 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 after cancellation. The condition in this case is that the product has already been received by the online store or conclusive proof of full return can be provided.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for the products described in sections 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated it in the offer, at least with sufficient time before the contract is concluded.

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

  1. that have been created by the entrepreneur according to the consumer's specifications;
  2. that are clearly personal in nature
  3. that by their nature cannot be returned;
  4. that can spoil or become obsolete quickly
  5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and software when the consumer has broken the seal.
  8. hygiene products whose seal has been broken by the consumer.

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

  1. related to accommodation, transport, catering, or leisure activities that must be carried out on a specific date or during a specified period;
  2. whose supply has begun with the consumer's express consent before the cooling-off period has expired;
  3. regarding betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to modifications in VAT rates.

As an exception to the previous paragraph, the entrepreneur may offer products or services with prices subject to fluctuations in the financial market and beyond the entrepreneur’s control, with variable prices. This susceptibility to fluctuations and the fact that any indicated price is a target price must be specified in the offer.

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

Price increases after 3 months from the conclusion of the agreement are only permitted if the entrepreneur has stipulated it and:

  1. These are the result of legal provisions or regulations; or
  2. The consumer has the right to terminate the agreement from the day the price increase takes effect.

The place of delivery, according to Article 5, paragraph 1, of the Value Added Tax Act of 1968, shall be the country where the transport begins. In this case, this delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT or customs clearance costs from the customer. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical 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 comply with the agreement, the specifications stated in the offer, reasonable quality and/or usability requirements, and the legal and/or governmental regulatory provisions in effect on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than the usual one.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

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

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is not responsible for the final suitability of the products for each individual application by the consumer, nor for any advice related to the use or application of the products.

The warranty does not apply if:

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

  2. The delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the entrepreneur’s instructions and/or the indications on the packaging;

  3. The defect is wholly or partly 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 will act with the utmost care when receiving and executing product orders.

The place of delivery will be the address provided by the consumer to the entrepreneur.

Taking into account the provisions of Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In such a case, the consumer has the right to cancel 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 no later than 14 days after the termination.

If delivery of an ordered product is impossible, the entrepreneur will do everything possible to provide a replacement item. At the latest at the time of delivery, it will be clearly and understandably indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipping will be borne by the entrepreneur.

The risk of damage and/or loss of the products lies with the entrepreneur until the moment of delivery to the consumer or to a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: duration, termination, and extension

Cancellation

The consumer may at any time terminate a contract entered into for an indefinite period involving the regular delivery of products (including electricity) or services, respecting the agreed termination rules and with a notice period of no more than one month.

The consumer may terminate a contract entered into for a fixed period involving the regular delivery of products (including electricity) or services at any time at the end of the fixed term, respecting the agreed termination rules and with a notice period of no more than one month.

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

  • Cancel at any time, without being limited to doing so at a specific time or during a specific period.
  • Cancel at least in the same way the contract was made.
  • Always cancel with the same notice period stipulated for the business.

Extension

A contract entered into for a fixed period and intended for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

As an exception to the previous paragraph, a contract entered into for a fixed period and intended for the regular delivery of daily newspapers, weeklies, and magazines may be tacitly renewed for a fixed period of up to three months, provided the consumer can terminate this extended contract at the end of the extension with a notice period of up to one month.

A contract entered into for a fixed period that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, or a notice period of no more than three months if the contract provides for the regular delivery, but less than once a month, of daily newspapers, news, weeklies, and magazines.

A contract with a limited duration for the regular delivery of daily newspapers, news, weeklies, and magazines for the purpose of familiarization (trial or introductory subscription) will not be automatically renewed and will automatically end after the trial or introductory period.

Duration

If a contract has a duration longer than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the agreed term ends.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period mentioned in Article 6, paragraph 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 inform the entrepreneur without delay of any inaccuracies in the payment data provided or indicated.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs that have been previously communicated to the consumer.

Article 14 – Claims Procedure

Claims regarding compliance with the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

Claims submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a claim requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the claim cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A claim does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.

If the entrepreneur determines that a claim is justified, at their discretion, they will replace or repair the delivered products at no additional cost.

Article 15 – Disputes

The agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and reinforced from 2024 regarding the 'Amendment to the Turnover Tax Act of 1968 (Implementation Act of the Directive on Payment Service Providers)' and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.