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Terms of Use

Article 1 – Definitions

The following definitions apply in these terms:

  • Cooling-off period: The period within which the consumer may exercise their right of withdrawal.
  • Consumer: The natural person who is not acting in the course of a trade or business and who enters into a distance contract with the trader.
  • Day: Calendar day.
  • Continuing contract: A distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
  • Durable medium: Any means that enables the consumer or trader to store information addressed to them personally in a way that allows future access and unaltered reproduction.
  • Right of withdrawal: The consumer's right to withdraw from the distance contract within the cooling-off period.
  • Trader: The natural or legal person who offers products and/or services at a distance to consumers.
  • Distance contract: A contract concluded within the framework of an organised system for distance selling by the trader, with exclusive use of one or more means of distance communication.
  • Means of distance communication: Methods used for concluding contracts without the consumer and trader being present in the same place.
  • General terms: These general terms and conditions of the trader.

Article 2 – Trader's Identity

  • Company name: GL ADVISORYVISOR CO., LIMITED
  • Brand: VAKODA
  • Company registration number: 751312358
  • Registered address: LAT 1522, 15/F, LUCKY CENTRE, No.265-271 WAN CHAI ROAD, WAN CHAI, HONG KONG
  • Customer service email: support@vakoda.com

Article 3 – Applicability

  1. These terms apply to all offers, distance contracts and orders between the trader and the consumer.
  2. The terms are made available to the consumer before the distance contract is concluded. If this is not possible, it is stated where the terms can be read and that they will be sent free of charge upon request.
  3. In the case of electronic contracts, the terms are made available in a manner that allows storage and access.
  4. In the event of a conflict between general and specific terms, the provision most favourable to the consumer shall apply.
  5. If any provision is invalid, the remaining provisions shall continue to apply and a replacement provision shall be introduced.
  6. Unregulated situations shall be interpreted in accordance with these terms.
  7. Uncertainties regarding interpretation shall be clarified in accordance with the terms.

Article 4 – The Offer

  1. If an offer has a limited period of validity or special conditions, this is expressly stated.
  2. Offers are not binding. The trader may amend or withdraw the offer.
  3. The offer contains a complete and accurate description of the products/services. Images are indicative but colour reproduction may vary depending on screen.
  4. The consumer is provided with clear information about:
    • Price (excluding customs duty and import VAT, these costs are paid by the buyer)
    • Shipping costs
    • How the contract is concluded
    • Whether the right of withdrawal applies
    • Payment, delivery and performance methods
    • Acceptance period and price guarantee
    • Costs of distance communication (if other than standard rate)
    • Archiving of the contract and how the consumer can access it
    • Ability to check and correct entered data
    • Which languages the contract can be concluded in
    • The trader's codes of conduct and how these can be consulted
    • Minimum contract duration for long-term contracts
    • (Optional) available sizes, colours, materials

Article 5 – Conclusion of the Contract

  1. The contract is concluded when the consumer accepts the offer and fulfils the conditions.
  2. In the case of electronic contracts, the trader confirms receipt electronically. Before confirmation, the consumer has the right to withdraw.
  3. The trader takes appropriate security measures for electronic transactions.
  4. The trader may check the consumer's ability to pay and refuse or attach special conditions on valid grounds.
  5. The trader provides at delivery or on a durable medium:
    • The trader's address for complaints
    • Information about the right of withdrawal or if it is excluded
    • Information about warranty and after-sales service
    • Details in accordance with Article 4, if not already provided
    • Conditions for termination in the case of long-term contracts
  6. In the case of continuing contracts, the above information is provided only at the first delivery.
  7. All contracts are subject to product availability.

Article 6 – Right of Withdrawal

  1. The consumer has the right to withdraw from the purchase of a product within 14 days without giving any reason, calculated from the day after receipt.
  2. During the cooling-off period, the product and packaging must be handled with care and used only to establish the product's characteristics.
  3. To exercise the right of withdrawal, the consumer must notify the trader in writing (email is sufficient) within 14 days and return the product within 14 days from notification, with proof of return.
  4. If the consumer does not notify or return within the specified time, the purchase becomes binding.

Article 7 – Costs in Connection with Right of Withdrawal

  1. Return costs are paid by the consumer.
  2. If payment has been made, the trader shall refund the amount as soon as possible, but no later than 14 days after withdrawal, provided that the goods have been received or return can be proven.

Article 8 – Exceptions to Right of Withdrawal

  1. The right of withdrawal may be excluded for certain products/services if this is clearly stated before purchase.
  2. Exceptions apply to:
    • Products manufactured according to the consumer's specifications or which are personalised
    • Products which cannot be returned due to their nature or which deteriorate rapidly
    • Newspapers/magazines, audio/video/software or hygiene products with broken seal
  3. Exceptions for services apply to:
    • Accommodation, transport, restaurant or leisure activities on a specific day/period
    • Services that have begun with the consumer's express consent before the cooling-off period has expired
    • Gambling and lotteries

Article 9 – Prices

  1. Prices are fixed during the validity of the offer, with the exception of changes in VAT.
  2. Variable prices may occur if market changes require this, which is stated.
  3. Price increases within 3 months are only permitted in the event of changes in legislation.
  4. Price increases after 3 months must be notified and give the consumer the right to terminate the contract.
  5. Delivery takes place outside the EU; import VAT and customs duty are collected by the delivery partner.
  6. Prices are subject to printing errors. The trader is not obliged to deliver at an incorrect price.

Article 10 – Conformity of the Product and Warranty

  1. The trader guarantees that the products/services correspond to the contract, reasonable expectations and applicable laws.
  2. Manufacturer's/importer's warranties do not affect the consumer's statutory rights.
  3. Defects or incorrect deliveries must be reported in writing within 14 days and returned in unbroken and unused original packaging.
  4. The warranty does not apply if:
    • The consumer or a third party has repaired/modified the product
    • The product has been misused or used contrary to instructions
    • The defect is due to government regulations on material quality

Article 11 – Delivery and Performance

  1. The trader handles orders with the utmost care.
  2. Delivery takes place to the address provided by the consumer.
  3. Orders are processed as soon as possible, no later than within 30 days unless otherwise agreed. In the event of delay or incomplete delivery, the consumer is informed within 30 days, with the right to cancel the purchase and receive a refund within 14 days.
  4. If delivery is not possible, a replacement product is offered; the right of withdrawal still applies.
  5. The risk of damage/loss passes to the consumer upon receipt.

Article 12 – Continuing Contracts: Termination and Extension

  • Termination:
    The consumer may terminate open-ended contracts or fixed-term contracts for regular delivery of products/services at any time, with a notice period of no more than one month.
  • Extension:
    Fixed-term contracts may not be extended automatically, except for certain products (e.g. newspapers).
  • Duration:
    For contracts of more than one year, the consumer may terminate after one year with one month's notice, unless otherwise agreed.

Article 13 – Payment

  1. Unless otherwise agreed, payment shall be made within 7 working days after the cooling-off period has begun.
  2. The consumer shall immediately report errors in payment details.
  3. In the event of non-payment, the trader has the right to charge reasonable fees, if this has been informed in advance.

Article 14 – Complaints Handling

  1. Complaints must be submitted in writing and clearly described within 7 days after the defect was discovered.
  2. Complaints are answered within 14 days. If longer processing is required, the consumer is informed of this.
  3. If the complaint cannot be resolved, a dispute arises which is handled in accordance with the dispute resolution procedure.
  4. A complaint does not exempt the consumer from payment obligation, unless otherwise stated.
  5. In the event of a justified complaint, the product is replaced or repaired free of charge.

Article 15 – Disputes

Contracts under these terms are governed by Dutch law, regardless of the consumer's domicile.

Article 16 – CESOP

In accordance with the 2024 Payment Service Provider Directive (CESOP) regulations, payment providers may register data in the European CESOP system.

Contact:
GL ADVISORYVISOR CO., LIMITED (VAKODA)
LAT 1522, planta 15 (15/F), Lucky Centre, n.º 265-271, Wan Chai Road, Wan Chai, Hong Kong
support@vakoda.com