Terms & Conditions
Terms & Conditions
I. Information On Distance Selling And The Conclusion Of Contracts In Electronic Commerce
1. Contractual Partner
Your contractual partner for all orders on the http://www.grewhale.com/ website is
Green Whale Trade Limited
Unit 09, 20/F, 118 Connaught Rd West, Hong Kong
Duly represented by its director with sole power of representation: Fu Xiaona
2. Formation Of Contracts In Electronic Business Transactions
(1) The goods offered on the http://www.grewhale.com/ website do not constitute a binding offer to conclude a purchase contract. This is an invitation to you to submit a binding offer. You only make such a binding offer to conclude a purchase contract with us when you place your order by clicking on the "Purchase" button in the shopping cart. Once we have received your order, you will receive an e-mail confirming the receipt of your order and setting out its details ("Order Confirmation").
(2) When the goods leave our warehouse and are shipped to you, you will receive a dispatch and contract confirmation by e-mail. This e-mail also represents the binding acceptance of your offer. If goods from a single order are shipped in more than one package, you may receive a separate dispatch and contract confirmation for each package. However, only one integrated contract has been concluded even in this event.
(3) We reserve the right to conclude contracts only with customers who have attained the age of 18.
(4) For technical reasons, we cannot accept orders by other means (by fax, letter or e-mail).
3. Information About Your Consumer's Right Of Withdrawal
3.1 Statutory right of withdrawal
Our customers who are consumers within the meaning of Section 13 of the American Civil Code are entitled to the right of withdrawal below.
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The withdrawal period shall be fourteen days from the day when you or a third party you designate who is not the carrier have taken possession of the goods, or in the case of a contract for several goods which you have ordered as part of an integrated order and which were delivered separately, from the day when you or a third party you designate who is not the carrier have taken possession of the last batch of goods.
To exercise your right of withdrawal, you must inform us (GREEN WHALE TRADE LIMITED, Unit 09, 20/F, 118 Connaught Rd West, Hong Kong) through a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to cancel this contract. You can use the enclosed sample cancellation form for this purpose, although this is not mandatory.
To comply with the cooling-off period, you only need to send the cancellation notice prior to the cooling-off period’s expiration.
Effects of withdrawal
If you cancel this contract, we shall immediately refund to you all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), within at most fourteen days from the date when we receive notice of your cancellation of this contract. We shall reimburse you through the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise, and in no event shall you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods or you have supplied evidence of having returned the goods, whichever is earlier.
You are required to return or hand over the goods to us (GREEN WHALE TRADE LIMITED, Unit 09, 20/F, 118 Connaught Rd West, Hong Kong) immediately, and in any event not later than 14 days from the day when you notify us of your withdrawal from this contract. The deadline shall be met if you return the goods before the 14 day - period has expired. You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to a handling of the goods not necessary for the verification of the goods’ quality, properties and functioning.
3.2 Information on the right of withdrawal
Under Section 312g(2)(2) of the American Civil Code, unless otherwise agreed, a right of withdrawal does not exist for contracts for the supply of goods which can spoil quickly or whose expiration date would be quickly exceeded. Similarly, under Section 312 (2)(3) of the American Civil Code, there is no right of withdrawal for contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if you unsealed them after delivery.
Sample cancellation form
(If you wish to cancel the contract, please use this form by filling it out and sending it back to us).
To
GREEN WHALE TRADE LIMITED
Unit 09, 20/F, 118 Connaught Rd West, Hong Kong
E-mail: [email protected]
I/we (*) hereby cancel the contract for the purchase of the following goods concluded by me/us (*):
..............................................................................
..............................................................................
(Name of the goods, order number and price if applicable)
Ordered on (*)/received on (*)
..............................................................................
Date
Name of the consumer(s)
..............................................................................
Address of the consumer (s)
..............................................................................
..............................................................................
..............................................................................
Signature of the consumer (s) (only for paper notifications)
..............................................................................
Date
(*) Delete as applicable
4. Other Information (Correction Possibilities, Saving Of The Contract Text, Contract Language)
We do not save the contract text and it cannot be retrieved after completion of the order process. However, you can print out your order data immediately after submitting the order. The contract is concluded exclusively in English. Before submitting your order (i.e. before clicking the "Purchase" button), you will be given the opportunity to detect and correct input errors. Please check your selection carefully before completing the order process.
Returns
If you wish to exercise your statutory right of withdrawal, please use the form below. Please verify beforehand whether you are entitled to a corresponding right of withdrawal.
II. General Business Terms And Conditions (GBTC) Http://www.grewhale.com/ (Version: November 2018)
Version 26 December 2018 16:41:02
The following terms and conditions apply to all orders placed via http://www.grewhale.com/ .
1. Prices And Availability
(1) Our prices are all-inclusive and include the statutory value-added tax valid at the time of ordering. A flat rate of $5 will be charged for shipping within HK.
(2) The prices you see in your shopping cart at the time of your order are identical to those shown on the website’s current product information page.
(3) We can only offer special offers for a limited period of time depending on availability.
(4) Our articles marked "in stock" will leave our warehouse within two (2) working days after your order has been processed.
(5) Changes and errors reserved. All offers only while stocks last.
2. Payment Information
Payment for the goods may be made through one of the following payment methods at the buyer’s option:
- Prepayment;
- Credit card;
- PayPal;
- Sofort transfer; or
- Payment on delivery.
You will receive an invoice by e-mail from us after the completion of the order process.
2.1 Prepayment
In the event of payment in advance, please transfer the full invoice amount to our account within seven (7) days of receipt of our order confirmation, stating the intended use. The bank account details can be found in the order confirmation.
Please understand that we will, unfortunately, have to cancel your order if we have not received your payment within this period. We will inform you of this cancellation by e-mail.
2.2 Credit card
If payment is made by credit card, the card will be debited when the goods are dispatched. We accept Visa, MasterCard, and American Express credit cards issued in the HK.
State-of-the-art encryption technologies, such as Secure Socket Layer (SSL) and the 3D-Secure process, offer you maximum security on the Internet. All order and credit card data are only transmitted in encrypted form.
During the ordering process, we require the card’s security code in addition to the card number, validity, and the credit card company. You will also find this three- or four-digit number on your credit card.
2.3 PayPal
To pay by PayPal, you create a one-time PayPal account by depositing your bank or credit card details - so you don't have to re-enter them every time you make a purchase. You will then pay by entering your e-mail address and a password and you will receive a payment confirmation by e-mail. Your order will then be processed immediately.
When ordered items are returned, the corresponding value of the goods will be credited to your PayPal account.
2.4 Sofort transfer
A Sofort transfer is a SOFORT AG payment method. The system used for this purpose is TÜV-certified and works with SSL encryption and the authorization procedure maintained by your bank which is used for online banking.
You will be redirected to www.sofort.com during the ordering process. You can then make the payment to us there.
2.5 Payment on delivery
Regarding orders payable by cash on delivery, you shall pay the invoice amount directly when the Carrier hands the goods over to you.
In addition to the general shipping costs, there is a cash-on-delivery fee of $6.90 per order charged by our carriers. Please have the entire amount available for this. After a successful and justified cancellation, you shall receive a cheque for the amount of the value of the goods by post, which can be credited to your bank account.
3. Delivery Terms
(1) Shipping handling time: 24-48 hours. The goods shall be delivered within ten (10) working days (weekdays, excluding holidays) from receipt of the shipping confirmation.
(2) Delivery shall be made to your designated delivery address. You shall be informed about the dispatch by e-mail or SMS. Shipping is organized through our carriers. The risk of the ordered goods’ accidental loss shall pass to you once the goods are handed over to you or if you are in default of acceptance.
(3) We may make partial deliveries, provided these are reasonable for you. If we make partial deliveries, we shall bear the resulting additional shipping costs.
4. Returns & Refunds
(1) In order to be considered for a refund, you must contact Customer Service at [email protected] before any arrangements will be made to issue a refund. We do require that you agree to send back the product you received in order to receive a full refund for any transaction. Refunds will only be offered for up to 60 days from the purchase date, any transaction prior to that shall not be considered for a refund.
(2) Persons with a medical condition, who are pregnant, or have reason to believe they may become pregnant in the next 60 days should not order this product. Refund requests will not be accepted and refunds will not be given for these reasons. You must consult a physician prior to placing an order if you are unsure about whether you can take this product.
(3) All processed orders are subject to a $6,5 processing fee if the charge for the product/order has been settled.
(4) All returns are subject to a restocking fee. Accordingly, all products have a 6.5 restocking fee, per item, if returned unopened and in good condition.
5. Retention Of Title
We reserve title to all goods we deliver until full payment has been made. To assert our retention of title, we are entitled to demand the immediate surrender of the goods subject to retention of title, excluding any right of retention, unless these are legally established or undisputed counterclaims or claims arising from this obligation.
6. Liability
(1) We accept unlimited liability for damages resulting from injury to life, limb or health caused by our breach of duty, our legal representative or vicarious agents, as well as for damage caused by the lack of a quality we have guaranteed.
(2) We accept liability without limit for damage caused by us or a legal representative or one of our vicarious agents intentionally or through gross negligence.
(3) In the event of a slightly negligent breach of essential contractual obligations, we shall be liable for the amount of foreseeable damage typical for the contract, except in the cases of paragraphs 1 and 5. Expressed abstractly, essential contractual obligations are such obligations whose fulfilment renders the contract’s proper execution possible in the first place and upon whose observance a contracting party may routinely rely.
(4) Any further liability for damages is excluded.
(5) Liability under the Product Liability Act remains unaffected.
7. Delay/Right Of Retention
(1) If you are in arrears with payment, we reserve the right to charge dunning fees for necessary reminders, unless you prove to us that the costs for reminders did not arise at all or are considerably lower than the dunning fees claimed. The dunning charges are $3 for the first dunning letter and $5 for the second dunning letter.
(2) In addition, we shall be entitled to charge interest of five (5) percentage points above the applicable base interest rate in the event of a payment default.
(3) The assertion of additional damage caused by delay is not excluded by the assertion of reminder fees and/or interest claims according to this clause 8.
(4) The customer shall only be entitled to a right of retention (i) if it is based on the same contractual relationship; and/or (ii) if the counterclaims on which the assertion of the right of retention is based are undisputed or legally binding.
8. Final Provisions
The contract concluded with us shall be governed by the law of the Hong Kong to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Regarding transactions with consumers within the European Union, the law of the consumer's place of residence may also apply if these are mandatory consumer law provisions.