Conditions générales de vente
It is important that you read these Terms of Sale (“Terms of Sale”) carefully before ordering
you will not be able to order any Product(s) from our Website.
We are [Shanka Limited] (“we”, “us” or the “Company”), a company registered in Hong Kong. Our registered office is 1003-1004 Shangai Industrial Building, 48-62 Hennessy Road, Wanchai, HK.
You can contact us by email at email@example.com
The Website to which these Terms of Sale apply and for which we are responsible are www.annashanka.com.
Who can purchase from us
To purchase from this Website you must be over 18 and be able to provide a valid billing and shipping address.
Making an order and acceptance of order of Products
Orders are submitted via the Website in the following manner:
• Once you are ready to make an order for purchase (“Order”), you must click on ‘add to Shopping Bag’ to add the Product you wish to purchase to your Shopping Bag. When you are finish with all of your purchases, you can proceed to checkout by clicking ‘proceed to purchase’ to log into our secure servers to complete your Order.
• If it is your first purchase on this Website, you will be required to create an account with us using your email address and you will also be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone else. You will then be asked to input your address. The address that you register with must be the address that corresponds to the mailing address of the credit card you are using to pay for the relevant Order, however you can use a different delivery address. You will also be asked to indicate
and our use of your personal information for direct marketing purposes at such time as well.
• If you have already registered an account with us, you may enter your login details to access your account.
• Once you have completed compiling your Order, you will be asked to confirm if your Order is correct. If it is not correct, you can revisit your Order and make amendments to your Order before re-confirming and re-submitting your Order to us. It is your sole responsibility to ensure the correctness of your Order at all times.
• After you have submitted your Order, we will then send you a confirmatory email to acknowledge that we have received your Order (the “First Confirmatory Email”).
This email will be sent to the email address you have registered with us.
• After the sending of the First Confirmatory Email, we will check to make sure we are able to fulfil your Order. If and when we are able to do so, you will then receive a second email from us confirming your Order, confirming dispatch of the Product(s) to the delivery address you have requested and giving you an estimate time frame for delivery (the “Second Confirmatory Email”). This email will be sent to the email address you have registered with us. On or shortly after the issuance of the Second Confirmatory Email, we will process the payment details you have provided us to take payment for your Order. You will not be able to cancel, rescind and/or revoke your Order once we have issued the Second Confirmatory Email.
• You should check both the First Confirmatory Email and the Second Confirmatory Email for accuracy and let us know immediately if there are any errors. Your Order will be accepted by us when we send the Second Confirmatory Email to you confirming your Order and dispatch of the Product(s) and at such time contract between you and the Company is formed
(the “Contract”). [Ownership of the Product(s) will pass to you on dispatch of the Product(s) by us.]
The prices indicated on our Website at checkout include all Hong Kong taxes (if any), which may be payable in respect of the Product(s) and the applicable insurance (if any) and delivery charges.
All payments must be made at the time of dispatch of the Product(s) to you.
Payment for all Product(s) must be by Paypal or credit card only. For credit card payment,
we accept payment with [Visa, MasterCard]. If we are unable to accept your Order for any reason then we will, at our option, either not charge your credit card or Paypal account or refund any money paid by you in respect of that Order. We will not dispatch the Product(s) until we have received payment in full.
Prices are liable to change at any time, but changes will not affect Orders which we have already confirmed as described above.
For payment using Paypal, [you must select your payment option as payment by Paypal when you proceed to make your purchases. Shortly after you receive the Second Confirmatory Email, we will send you a Paypal Payment Request Email in which you will be able to procure payment for your Orders via Paypal by clicking onto the ‘Pay Now’ link in such email, following which you will be redirected to the Paypal website and be guided make payment on your Orders.
For payment by credit card, all credit card holders may be subject to authorization and authentication. If the issuer of your credit card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.
We will not be able to accept payment from you if:
• For payment by credit card, if the account name and billing address of the credit card you are using for payment are different to your name and mailing address registered on our account for this Website; or
• For payment by Paypal, if the account name of the Paypal account you are using for payment is different to your name registered on our account for this Website.
• By providing your relevant personal information to us, you specifically authorise us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, credit card or Paypal accounts or other payment details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorizations for your payments for Product(s).
Collection and Delivery of Products
We aim to deliver Product(s) to you, to the delivery address you have requested in your Order within 25 working days but we cannot give an exact delivery date.
If we have not delivered the Product(s) within 40 working days days from your receipt of the Second Confirmatory Email or any other date that we have agreed with you then you may cancel the Contract and we will refund any money paid by you.
We do delivery to France, Hong Kong and Thaïland at this time.
• In the event that the delivery of Product(s) is returned to us for any reason including incorrect address, a P.O. Box, a hotel address, failed delivery attempts, refusal to pay applicable payments (if any), refusal to provide identification documents, or delivery refused by recipient, we will contact you as soon as possible to arrange for redelivery of the Product(s) at your own costs.
Notwithstanding the provisions herein and to the extent as permitted under the applicable law, we reserve the absolute right to treat any fully paid Product(s) not collected for a period exceeding six (6) months from the date of the relevant Second Confirmatory Email of such Product(s) as abandoned and dispose such Product(s) in any manner as we deem fit.
Damaged or Defective Product(s) and Exchange Policy
Subject to any specific warranties we offer in relation to particular products, or those which are implied by law, we do not offer any warranty or guarantee on our Product(s).
You should inspect the Product(s) when you receive it for defects or damage. If you find a defect or damage you must inform us immediately and return the Product(s) together with its original invoice to our shop at your own costs within [five (5)] calendar days from your receipt of the Product(s) from delivery. If the Product(s) was found to be damaged prior to delivered to you,
or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) (where at our absolute discretion we view as reasonable to do so and at no charge to you), provided that you have not worn or used and damaged the Product(s). Any delivery charges for the delivery of the repaired or replaced Product(s) shall be borne entirely by you. Unless as otherwise specified herein, we do not accept return of Product(s) for refund in any circumstances. Unless as otherwise agreed by us, we will only accept application for return and exchange of Product(s) by you (as the person named in the Order and our sale invoice of the Order) only.
Subject to provisions contained herein and to the extent as permitted under the applicable law, we are only liable to you for losses which you suffer as a result of a breach of these Terms of Sale by us. Provided you have paid us the full purchase price of your Order of Product(s), our liability for losses you suffer as a result of us breaching these Terms of Sale is strictly limited to the purchase price of the Product(s) you purchased for the applicable Order. For the avoidance of doubt, we are not responsible for any indirect losses or foreseeable losses, including but not limited to any loss of income or revenue, loss of business, loss of profits or contracts,
or loss of anticipated savings.
We are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion,
failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
Compliance with laws
The Company is a company incorporated under the laws of Hong Kong. We operate in Hong Kong and comply with all the laws and regulations of Hong Kong. All our Product(s) are in compliance with all of the requirements and specifications under the laws of Hong Kong.
We are not in a position to guarantee compliance with specific local requirements or specifications under the local jurisdictions of customers.
Product(s) are for personal use only
Product(s) sold through this Website are for customers’ personal use only and shall not be commercially resold. We may refuse any Order which we suspect is for commercial resale.
Indemnity and limitation of liabilities
You agree to indemnify, defend, and hold harmless the Company from and against all losses, expenses, damages and costs (including legal fees) arising from any breach of these Terms of Sale or any other activity by you in connection with your placement of an Order or your purchase of Product(s) through this Website.
In the event that this disclaimer is held to be unenforceable, the total liability of the Company,
if any, for losses and damages shall not exceed the amount you paid for the particular service or product upon which liability is based.