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Terms of Use

Article 1 – Definitions

The following definitions apply in these terms and conditions:

  • Cooling-off Period: The period within which the consumer may exercise their right of withdrawal.
  • Consumer: The natural person acting outside the course of a business and entering into a distance contract with the trader.
  • Day: Calendar day.
  • Continuous Contract: A distance contract concerning 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 offering products and/or services at a distance to consumers.
  • Distance Contract: A contract concluded within the framework of an organised distance selling system by the trader, with the exclusive use of one or more means of distance communication.
  • Means of Distance Communication: Methods used to conclude a contract without the consumer and trader being in the same room.
  • General Terms and Conditions: These general terms and conditions of the trader.

Article 2 – Trader Identity

  • Company Name: GL ADVISORYVISOR CO., LIMITED
  • Brand: vakoda
  • Registration Number: 751312358
  • Business 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 and conditions apply to all offers, distance contracts and orders between the trader and the consumer.
  2. The terms and conditions are made available to the consumer before the distance contract is concluded. If this is not possible, it is stated where the terms and conditions may be read and that they will be sent free of charge upon request.
  3. In the case of an electronic contract, the terms and conditions are made available in a way that enables storage and access.
  4. In the event of a conflict between general and specific terms and conditions, 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 and conditions.
  7. Uncertainties regarding interpretation shall be clarified in accordance with the terms and conditions.

Article 4 – The Offer

  1. If an offer has a limited period of validity or special conditions, this is expressly stated.
  2. Offers are non-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 on:
    • 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 may access it
    • Possibility to check and correct entered data
    • Languages in which the contract may be concluded
    • The trader’s codes of conduct and how these may 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 an electronic contract, 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 creditworthiness and refuse or attach special conditions on valid grounds.
  5. The trader provides upon delivery or on a durable medium:
    • The trader’s address for complaints
    • Information on the right of withdrawal or if it is excluded
    • Information on 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 continuous contracts, the above information is provided only upon 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 nature, characteristics and functioning of the product.
  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 fails to notify or return within the stated time, the purchase becomes binding.

Article 7 – Costs of Withdrawal

  1. Return costs are borne 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 the 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 by reason of 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 date/period
    • Services commenced with the consumer’s express consent before the cooling-off period has expired
    • Gaming 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 apply if market conditions require this, which will be stated.
  3. Price increases within 3 months are only permitted in the event of a change 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 typographical errors. The trader is not obliged to deliver at an incorrect price.

Article 10 – Conformity 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/altered 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 at 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 or loss passes to the consumer upon receipt.

Article 12 – Continuous Contracts: Termination and Renewal

  • Termination:
    The consumer may terminate an open-ended contract or a fixed-term contract for the regular delivery of products/services at any time, with a notice period of no more than one month.
  • Renewal:
    Fixed-term contracts may not be renewed 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 must be made within 7 working days after the cooling-off period has begun.
  2. The consumer must immediately report any errors in payment details.
  3. In the event of non-payment, the trader has the right to charge reasonable fees, provided this has been informed in advance.

Article 14 – Complaints Handling

  1. Complaints must be submitted in writing and clearly described within 7 days of discovering the defect.
  2. Complaints are answered within 14 days. If longer processing is required, the consumer is informed accordingly.
  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 release the consumer from the obligation to pay, 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 and conditions are governed by Dutch law, regardless of the consumer’s place of residence.

Article 16 – CESOP

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

Contact:
GL ADVISORYVISOR CO., LIMITED (vakoda)
LAT 1522, 15/F, LUCKY CENTRE, No.265-271 WAN CHAI ROAD, WAN CHAI, HONG KONG
support@vakoda.com