General conditions

General Terms and Conditions of BellaBoutique

Definitions and Scope

1.1 In these General Terms and Conditions, the following terms have the following meanings:

Offer: The products offered by the intermediary.
Intermediary: BellaBoutique;
Order: The product ordered by the buyer, for which a contract has been concluded;
Withdrawal Period: The period during which the consumer can exercise their right of withdrawal;
Consumer: The individual acting for purposes not related to their commercial, entrepreneurial, or professional activity, who enters into a distance contract with an intermediary;
Dropshipping: The buyer places an order through the website, where the intermediary receives the order and is authorized to act as an intermediary, thus establishing a contract for one or more products between the buyer and the supplier, with payment made through the intermediary in accordance with the contract, and the supplier delivers the product directly to the buyer;
Form: The withdrawal form provided by the supplier, which a consumer can fill out when exercising their right of withdrawal, as indicated in the annex to the terms;
Right of Withdrawal: The consumer's possibility to withdraw from the contract within the withdrawal period;
Buyer: The person with whom a contract is concluded on behalf of the supplier;
Supplier: The supplier of a product;
Contract: An agreement between the buyer and the supplier, concluded through an intermediary for the purchase of products, using only distance communication methods to conclude the agreement;
Product: A product offered through the supplier's website within the scope of dropshipping;
Written: Any digital communication using characters that can be stored on a durable medium, by the method determined by the intermediary;
General Terms and Conditions: The general terms and conditions established by BellaBoutique as intermediary.

1.2 These terms apply to every offer by the intermediary, every order, and every agreement, including additions or modifications and subsequent agreements.

1.3 The application of the buyer's general or purchase conditions to the intermediary is explicitly rejected.

1.4 Articles 11.5, 11.6, 12, 13, and 14 of the General Terms and Conditions apply only to consumers.

1.5 If any provision of these General Terms and Conditions is wholly or partially invalid at any time, the contract and these terms shall remain in effect, and the relevant provision shall be immediately replaced by a provision agreed upon by the parties that aligns as closely as possible with the intent and purpose of the original provision.

Dropshipping

2.1 The supplier details are listed on the website.

2.2 If the supplier is not based in Ireland, the ordered product is registered in the name of the buyer. The buyer is responsible for any additional costs, such as VAT, customs duties, and other government taxes.

2.3 The prices indicated in the offer exclude VAT and other government taxes, as well as shipping and packaging costs, unless expressly stated otherwise.

2.4 Payment for the order is made through an intermediary, who then pays the supplier on behalf of the buyer.

2.5 The difference between the amount paid by the buyer for the order and the amount paid by the intermediary to the supplier is considered compensation for the services provided by the intermediary.

Offer

3.1 Each offer by the intermediary has a limited validity period, that is until a product is sold out or unavailable from the supplier ("expires") or can no longer be ordered through the website.

3.2 If an offer is made under specific conditions, this will be explicitly stated in the offer.

3.3 Each offer is binding. The intermediary has the right to modify the offer at any time.

3.4 Each offer includes a complete and as accurate as possible description of the products to allow a proper evaluation by the buyer. The product images represent an accurate reproduction of the product. The intermediary cannot guarantee that the colors shown exactly match the real colors of a product. When placing an order, the buyer can evaluate the product, the image, and the product description taking the above into account.

3.5 All illustrations and descriptions of a product are indicative and cannot serve as a basis for compensation or contract termination in case of inaccuracies and/or deviations, unless they differ so significantly from the essential characteristics of the product that it is actually a different product from what the buyer intended to order.

3.6 Any offer containing an obvious typographical error or an apparent error that the buyer could reasonably expect or understand is not obliged to be honored by the intermediary. The buyer cannot derive rights from such an error.

Agreement

4.1 Subject to the provisions of article 4.5, a contract is concluded when the buyer accepts the offer and places the order according to the specified terms.

4.2 The agreement is drafted in English, unless the intermediary provides the terms and subsequent communication in another language on the website. In such a case, the buyer may conclude a contract in their preferred language and communicate with the intermediary in that language.

4.3 If the buyer accepts the offer electronically, the intermediary will promptly confirm receipt of the acceptance electronically, thereby completing the contract. Until the intermediary confirms receipt of the acceptance, the buyer may cancel the contract.

4.4 The intermediary takes appropriate technical and organizational measures to ensure the electronic transmission of data and guarantees a secure environment. The intermediary will apply reasonable security measures if the buyer can make electronic payments.

4.5 The intermediary may verify the buyer's ability to fulfill payment obligations, as well as other relevant information to responsibly conclude the contract. If the intermediary has legitimate reasons not to proceed with the contract, it has the right to refuse acceptance or the order or impose special conditions for its execution.

4.6 The buyer ensures that all information designated as necessary by the intermediary, or that the buyer should reasonably recognize as necessary, is provided to the intermediary in a timely manner. If such information is not provided on time, the intermediary has the right to suspend contract fulfillment and/or charge the buyer for any additional costs caused by the delay, according to the intermediary's standard rates.

4.7 The intermediary is not responsible for any damages resulting from reliance on incorrect and/or incomplete information provided by the buyer, unless the intermediary was aware of the inaccuracy or incompleteness.

Prices

5.1 The prices indicated in the offer are based on the cost factors in effect at the time of contract conclusion, such as import and export duties, transportation and unloading costs, insurance, and any taxes and fees. Any favorable or unfavorable differences at the time of arrival, departure, or delivery will benefit or be borne by the buyer.

5.2 Prices in the offer are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In case of a typographical error, the intermediary is not obliged to deliver the product at the incorrect price.

5.3 A composite offer does not oblige the intermediary to deliver part of the goods included in the offer at the price indicated for that part.

Compliance and Warranty

6.1 Subject to the provisions set out in the General Terms and Conditions, the products comply with the contract, the specifications listed in the offer, the reasonable requirements of reliability and/or suitability for a specific purpose, as well as the legal provisions and regulations in force on the day the contract is concluded.

6.2 The intermediary notes that some products have a limited minimum shelf life, which is indicated on the respective product. The buyer must take this duration into account to ensure the quality and safety of the product in accordance with the supplier’s warranty.

6.3 Any defects or incorrectly delivered products must be reported in writing to the intermediary within four (4) weeks of delivery. Products must be returned in their original packaging and unused.

6.4 The intermediary’s warranty period corresponds to the manufacturer’s warranty period. However, the intermediary is never responsible for the final suitability of the products for an individual application by the buyer, nor for any advice on the use or application of the products.

6.5 In the event of a warranty claim, the intermediary will provide, at its discretion, a replacement or a repair. In the case of a replacement, the buyer agrees to return the replaced item to the intermediary.

6.6 The warranty does not apply if:

  • The buyer has repaired and/or modified the delivered products or has had them repaired and/or modified by third parties;

  • The delivered products have been exposed to abnormal conditions or have otherwise been handled negligently or contrary to the intermediary’s instructions and/or the instructions on the packaging;

  • The defect is wholly or partially due to government regulations regarding the nature or quality of the materials used.

Payment

8.1 Unless otherwise agreed, amounts due from the buyer under the contract are payable immediately after placing the order.

8.2 The buyer is required to promptly notify the intermediary of any inaccuracies in the payment details provided.

8.3 If the buyer does not fulfill the payment obligations in a timely manner, they shall pay legal interest on the unpaid amount and, if the buyer is not a consumer, they shall pay commercial legal interest. Furthermore, the intermediary has the right to charge the extrajudicial collection costs incurred by the intermediary or on its behalf. Collection costs will be calculated in accordance with the Law and the Regulations on Extrajudicial Collection Costs.

Force Majeure

10.1 The intermediary is not liable to the buyer if the obligations under the contract cannot be fulfilled due to force majeure. Force majeure includes, in any case:

  • Force majeure on the part of the supplier;

  • Government actions and restrictions;

  • Power outages;

  • Interruptions of internet, data network, and telecommunications facilities, such as those caused by cybercrime and hacking;

  • Natural disasters;

  • War and terrorist attacks;

  • General transport problems and restrictions;

  • Strikes by suppliers or representatives;

  • And other situations beyond the control of the intermediary that temporarily or permanently prevent the fulfillment of obligations.

10.2 During the period of force majeure, the obligations under the contract are suspended. If this period lasts more than two months, each party has the right to terminate the contract without obligation to compensate the other party or the intermediary.

10.3 To the extent that the intermediary has already partially fulfilled the contractual obligations or can fulfill them at the time of force majeure, and the completed or pending part has an independent value, the intermediary has the right to issue a separate invoice for the completed or pending part. The buyer is obliged to pay this invoice as if it were a separate contract.

Data Protection

11.1 The buyer's (personal) data will be stored in a database. This data is primarily used to execute the contract. Upon request, the intermediary may send the buyer information about its products, such as newsletters and offers. The buyer may object to the use of personal data for direct marketing purposes and/or to the (further) receipt of (specific) marketing information at any time by notifying the intermediary.

11.2 The buyer consents to the use of electronic communication. The buyer acknowledges that, despite all reasonable security measures taken by the intermediary, electronic communication is not secure and may be intercepted, manipulated, infected, delayed, or misdirected, including viruses and spam filters. Furthermore, the intermediary cannot guarantee absolute security against unauthorized access.

11.3 The intermediary will take reasonable measures to ensure the confidentiality and security of the storage of (personal) data.

11.4 In the execution of the contract, (personal) data may also be transferred to countries outside the European Union, such as to a supplier in China, because otherwise the contract between the buyer and the supplier cannot be fulfilled, and the delivery of the order to the buyer by the supplier cannot take place. However, the intermediary will provide contractual guarantees in this regard.

11.5 A buyer who is a consumer has the right to request in writing that the intermediary allow access and/or (if applicable) correspond, complete, delete, or block personal data processed by the intermediary. A request for access and/or correction must be addressed to the management of the intermediary. Upon the buyer's first request, the stored personal data will be provided, corrected, or deleted.

11.6 The buyer's personal data, if the buyer is a consumer, will not be shared with third parties unless the intermediary is required to do so by law or if this is necessary for the execution of the contract.

Consumers

12.1 For consumers, prices are indicated inclusive of VAT, taxes, and shipping costs.

12.2 Before a contract with a consumer is concluded, the text of the general terms and conditions will be made available to the consumer (electronically) in a way that allows them to easily save it on another durable medium. If this is not reasonably possible, the place and method of electronic access to the terms and conditions before the conclusion of the contract will be indicated, and the terms and conditions will be provided to the consumer electronically or otherwise free of charge upon request.

12.3 For the benefit of the consumer, the intermediary will make available on the website or ensure that it can be stored and retrieved on a durable medium:

  • Conditions and procedures for submitting complaints;

  • Conditions and methods for exercising the consumer's right of withdrawal, or a clear statement that such right is excluded;

  • Information on warranties and customer service;

  • A form.

12.4 For the exercise of all legal rights that the consumer has against the supplier, the consumer may contact an intermediary, provided this is in accordance with the general terms and conditions.

12.5 Any warranty provided by the intermediary or on behalf of the supplier does not affect the consumer's legal rights under the contract with the intermediary.

12.6 In cases where article 7.5 applies, a buyer who is a consumer has the right to terminate the contract without costs for products that cannot be delivered or cannot be delivered within a reasonable period.

12.7 The intermediary may deviate from article 8.3 regarding recovery costs for the consumer.

Right of Withdrawal

13.1 When purchasing products, a consumer has the right to terminate the contract within 14 days without providing any reason. This withdrawal period starts the day after the product is received by the consumer or a previously designated representative, as communicated to the intermediary.

13.2 During the withdrawal period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to decide whether to keep it. If exercising the right of withdrawal, the consumer must return the product to the intermediary with all accessories and, if reasonably possible, in the original condition and packaging, in accordance with the instructions provided by the intermediary.

13.3 If the consumer wishes to exercise their right of withdrawal, they must inform the intermediary within 14 days of receiving the product via the form. After the consumer has informed the intermediary of their intention to exercise the right of withdrawal, they must return the product to the intermediary or supplier within 14 days. The consumer must provide proof that the products were returned on time.

13.4 If the consumer does not communicate within the periods specified in articles 13.2 and 13.3 the intention to exercise the right of withdrawal or does not return the product to the intermediary, the purchase becomes final.

The following products are excluded from the right of withdrawal:

a) Products clearly of a personal nature;
b) Products that cannot be returned due to their nature;
c) Products that can deteriorate or expire quickly;
d) Products subject to fluctuations in the financial market beyond the intermediary's control;
e) Audio and video recordings, as well as computer software with broken seals after delivery;
f) Sealed products that cannot be returned for health or hygiene reasons if the seals are broken after delivery;
g) Products made according to the consumer's specifications or clearly personalized based on the consumer's needs.

Withdrawal Costs

14.1 If a consumer exercises their right of withdrawal, they must bear the cost of returning the goods.

14.2 If a consumer has made a payment, the intermediary will refund that amount as soon as possible, but no later than 14 days from receipt of the withdrawal. The refund will be made using the same payment method used for the purchase, unless the consumer expressly agrees to an alternative method and the intermediary accepts it. A condition for the refund is that the product has already been received by the intermediary or the supplier, or conclusive proof of full return is provided.

14.3 In case of damage to the product due to improper handling by the consumer, the latter is responsible for any depreciation in the value of the product.

Claims and Disputes

15.1 If the buyer has a claim, they must inform the intermediary in writing.

15.2 A claim does not suspend the obligations of the buyer or the intermediary, unless the intermediary provides written confirmation to the contrary.

15.3 A claim regarding contract performance must be submitted in writing, with justification, within seven (7) days of discovering the defect.

15.4 A response to a claim must be provided within 14 days of receipt by an authorized representative. If a claim requires predictably longer handling times, the claimant will be informed within 14 days and the period within which the claim will be processed will be communicated.

15.5 The intermediary always has at least four (4) weeks to resolve a claim amicably. After this period, the claim will be considered a dispute under article 15.8.

15.6 If the intermediary considers a claim justified, they will, at their discretion, provide free replacement or repair of the delivered products. If a claim cannot be resolved amicably, it will be considered a dispute under article 15.8.

15.7 If the claimant is a consumer, they may also contact a dispute resolution body via the European ODR Platform (https://ec.europa.eu/consumers/odr/).

15.8 All disputes arising out of or in connection with the contract, or to which the terms apply, are exclusively governed by Irish law and subject to the exclusive jurisdiction of the courts, regardless of the residence of the buyer or a third party, unless mandatory legal provisions assign jurisdiction to another court.

15.9 The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

If you have questions or comments, contact us at info@bellaboutique.it.

Store name: BellaBoutique

Legally managed by:

Maviba Limited

Company registration number: 77726952

Address: UNIT 2A, 17/F GLENEALY TOWER, NO.1 GLENEALY CENTRAL, HONG KONG

APPLICABLE LAW AND DISPUTE RESOLUTION

These terms and conditions shall be governed exclusively by the laws of HKSAR.

Any controversy, dispute or claim arising out of or in connection with this Agreement, whether in tort, contract, under law or otherwise, including any matter regarding its existence, validity, interpretation, breach or termination (“Dispute”), shall be referred to and finally resolved by binding arbitration at the Hong Kong International Arbitration Centre (“HKIAC”), in accordance with the HKIAC Administered Arbitration Rules (“Rules”), which are deemed incorporated by reference into this clause and as may be amended by the remainder of this clause.

MAVIBA LIMITED

UNIT 2A, 17/F GLENEALY TOWER

NO.1 GLENEALY CENTRAL

HONG KONG