Terms of Service

Table of Contents: Article 1 – Definitions Article 2 – Scope of Application Article 3 – Product Offers Article 4 – Conclusion of Contract Article 5 – Right of Withdrawal (Cooling-off Return Right) Article 6 – Costs Arising from Exercise of the Right of Withdrawal Article 7 – Exclusions to the Right of Withdrawal Article 8 – Pricing Article 9 – Compliance and Warranty Article 10 – Shipment and Performance Article 11 – Recurring Agreements: Term, Termination and Renewal Article 12 – Payment Article 13 – Complaint Handling Procedure

Article 1 – Definitions

For the purposes of these Terms, the following definitions apply: Cooling-off period: the period within which the Consumer may exercise the Right of Withdrawal; Consumer: a natural person who concludes a distance contract with the Trader otherwise than in the course of a trade, business or profession; Day: calendar day; Recurring agreement: a distance contract for the sequential delivery of a series of goods and/or services over time; Durable medium: any medium that enables the Consumer or the Trader to store information addressed to them, allowing future access and unchanged reproduction of such information; Right of Withdrawal: the Consumer’s right to cancel a distance contract within the cooling-off period; Model withdrawal form: the template form provided by the Trader for the Consumer to complete when exercising the Right of Withdrawal; Trader: a natural or legal person selling goods and/or providing services remotely to Consumers; Distance contract: a transaction contract formed under the Trader’s organised remote sales system, concluded exclusively through one or more means of distance communication; Means of distance communication: communication tools capable of forming a contract without the Consumer and the Trader being physically present at the same location; General Terms: this set of General Terms of Service of the Trader.

Article 2 – Scope of Application

These General Terms apply to all product offers issued by the Trader and all distance contracts and orders concluded between the Trader and the Consumer. Before a distance contract is formed, the Trader shall provide the Consumer with the text of these Terms. If provision in advance is not reasonably practicable, the Trader shall inform the Consumer that the Terms may be inspected upon request and will be sent free of charge promptly. Where the contract is concluded electronically, the preceding paragraph shall not apply. The Trader may make these Terms available electronically prior to contracting so the Consumer can save them on a durable medium. If electronic provision is not reasonably practicable, the Trader shall notify the Consumer where the Terms may be accessed online and that a copy will be supplied free of charge electronically or otherwise on request. If specific terms for particular goods or services apply alongside these General Terms, paragraphs 2 and 3 above shall apply mutatis mutandis. In the event of conflicting provisions, the Consumer may rely on the provision most favourable to the Consumer. If any provision of these Terms is wholly or partially void or unenforceable at any time, the remaining provisions of the contract and these Terms shall remain in full force. The parties shall negotiate promptly to replace the invalid provision with a clause reflecting the original intention as closely as possible. Matters not expressly regulated herein shall be determined according to the spirit and purpose of these Terms. Any ambiguity as to the content or interpretation of any provision shall also be resolved by reference to the spirit of these Terms.

Article 3 – Product Offers

If an offer is valid for a limited period or subject to conditions, this shall be clearly stated within the offer. Offers are non-binding. The Trader reserves the right to revise and adjust offers. Each offer contains a complete and accurate description of the goods and/or services, in sufficient detail to enable the Consumer to evaluate the offer properly. Where images are used, they represent the goods truthfully; obvious typographical or factual errors within an offer shall not bind the Trader. All images and specifications shown in an offer are for reference only and do not entitle the Consumer to claim compensation or cancel the contract. Product images are intended to reflect the goods realistically, but the Trader does not guarantee that on-screen colours match the colour of the actual goods exactly. Each offer clearly sets out the rights and obligations arising from acceptance, including notably the following information: the price (exclusive of customs clearance fees and import VAT). Such additional costs shall be borne by the Customer at the Customer’s own risk. Postal and courier services are subject to special customs clearance rules for parcels destined for EU countries, which apply to orders hereunder. Import VAT (together with clearance fees where applicable) will be collected from the recipient by the postal or courier provider; any applicable shipping charges; the manner in which the contract is formed and the steps required; whether the Right of Withdrawal applies; payment, delivery and performance arrangements; the acceptance deadline for the offer or the period for which the Trader guarantees the stated price; remote communication surcharges where rates differ from the standard base tariff; whether the contract will be archived and how the Consumer may access the archived record; how the Consumer may review and amend submitted information before contracting; other languages (in addition to Dutch) in which the contract may be concluded; any codes of conduct the Trader subscribes to and the online access route for such codes; the minimum contract term for recurring distance contracts. Optional information: available sizes, colours and materials.

Article 4 – Conclusion of Contract

Subject to paragraph 4 below, the contract is formed when the Consumer accepts the offer and satisfies all conditions attached to it. Where the Consumer accepts an offer electronically, the Trader shall immediately send an electronic acknowledgement of receipt of the acceptance. The Consumer may cancel the contract before receiving such acknowledgement. For electronically concluded contracts, the Trader shall implement appropriate technical and organisational safeguards to secure data transmission and website security. Suitable security measures shall apply where online payment is supported. Within legal limits, the Trader may assess the Consumer’s ability to perform payment obligations and other information relevant to responsible contract formation. If reasonable grounds exist to reject an order following assessment, the Trader may decline the order with reasons or impose special conditions for performance. Together with the goods or service, the Trader shall supply to the Consumer, in writing or in a form storable on a durable medium: the address for submitting complaints; the conditions and procedure for exercising the Right of Withdrawal, or clear notice that the Right of Withdrawal is excluded; warranty and after-sales information; the information listed in Article 3 paragraph 3 above (unless already provided before performance); termination requirements if the contract runs for more than one year or is open-ended. For recurring agreements, the above obligation applies only to the first delivery. All orders are conditional upon availability of the relevant stock.

Article 5 – Right of Withdrawal (Cooling-off Return Right)

When purchasing goods, the Consumer has the right to cancel the contract without giving reasons within 14 days. The cooling-off period commences on the day after the Consumer (or a nominated recipient notified in advance to the Trader) receives the goods. During the cooling-off period, the Consumer must take reasonable care of the goods and packaging. The Consumer may unpack and inspect the goods only to the extent necessary to decide whether to keep them. If exercising the Right of Withdrawal, the Consumer shall return the goods with all accessories, wherever possible in original condition and original packaging, in accordance with the Trader’s clear and reasonable return instructions. To exercise the Right of Withdrawal, the Consumer must notify the Trader in writing or by email within 14 days after receipt of the goods. After notification, the goods must be shipped back within a further 14 days. The Consumer bears the burden of proof of timely return (e.g. shipping receipt). If the Consumer fails to notify the Trader within the applicable period or fails to return the goods, the sale becomes final and the Right of Withdrawal may no longer be exercised.

Article 6 – Costs Arising from Exercise of the Right of Withdrawal

If the Consumer exercises the Right of Withdrawal, return shipping costs shall be borne by the Consumer. Where payment has been made by the Consumer, the Trader shall process the refund as soon as practicable and no later than 14 days after receipt of the withdrawal notice, provided the Trader has received the returned goods or the Consumer can produce valid proof of shipment of the returned goods.

Article 7 – Exclusions to the Right of Withdrawal

Clearance, sale, promotional and bundle items sold by Sammy Jackson are non-returnable and non-refundable. The Trader may exclude the Right of Withdrawal for goods and services set out in paragraphs 2 and 3 below, provided this is clearly stated in the offer and before contract conclusion. Exclusion of the Right of Withdrawal is permitted only for the following goods: goods manufactured to the Consumer’s custom specifications; items with clear personalised characteristics; goods which by their nature cannot be returned; goods prone to rapid deterioration or depletion; goods whose price depends on fluctuations in financial markets outside the Trader’s control; single issues of newspapers and periodicals; audio, video or software products where the Consumer has broken the seal. Beauty, maternity & kids, swimwear, bikini and sport goods cannot be returned for hygiene and health safety reasons. Exclusion of the Right of Withdrawal is permitted only for the following services: accommodation, transport, catering or leisure services to be supplied on a specified date or during a fixed period; services whose performance has commenced with the Consumer’s express consent before expiry of the cooling-off period; betting and lottery-related services.

Article 8 – Pricing

Prices of goods and services stated in an offer will not be increased during the offer validity period, save for adjustments resulting from VAT rate changes. Notwithstanding the preceding paragraph, goods or services whose price is subject to financial market fluctuations outside the Trader’s control may be offered at variable prices. The offer will state this volatility and indicate that the displayed price is for reference only. A price increase within 3 months after contract formation is permitted only where required by law or regulation. A price increase more than 3 months after contract formation is valid only if previously agreed by both parties and one of the following applies: the increase is required by law or regulation; or the Consumer has the right to terminate the contract with effect from the date the price increase applies. Pursuant to Article 5(1) of the Dutch Turnover Tax Act 1968, the place of supply for VAT purposes is the place of shipment. Shipment for these orders originates outside the EU. Import VAT and clearance fees will therefore be collected by the postal or courier provider from the recipient; the Trader does not charge VAT. All prices are subject to typographical and layout errors. The Trader accepts no liability for such errors and is not obliged to supply goods at an incorrectly listed lower price.

Article 9 – Compliance and Warranty

The Trader warrants that goods and services conform to the contract, the specifications in the offer, reasonable fitness and quality requirements, and applicable laws in force at the time of contract formation. Where separately agreed, the Trader warrants suitability for non-standard usage. Any warranty offered by the Trader, manufacturer or importer does not prejudice the Consumer’s statutory contractual rights and remedies against the Trader. Defects or incorrect deliveries must be notified to the Trader in writing within 14 days after delivery. Returned goods must be sent in original packaging and in new condition. The Trader’s warranty period matches the manufacturer’s warranty period. The Trader does not warrant that goods will suit the Consumer’s particular use case and accepts no liability for usage guidance. The warranty shall not apply where: the goods have been repaired or modified by the Consumer or a third party instructed by the Consumer; the goods have been exposed to abnormal operating conditions, improper handling, or use contrary to instructions printed on packaging or provided by the Trader; the defect arises wholly or partly from statutory mandatory requirements imposed by public authorities on materials or product quality.

Article 10 – Shipment and Performance

The Trader exercises reasonable care when receiving and processing orders. Delivery shall be made to the shipping address provided by the Consumer. Subject to Article 4, confirmed orders will be fulfilled promptly and at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed or full performance is not possible, the Trader shall notify the Consumer no later than 30 days after the order is placed. The Consumer may then cancel the contract free of charge and claim applicable damages. Where the contract is cancelled under the preceding paragraph, the Trader will refund payment as soon as practicable and no later than 14 days after cancellation. If the ordered item cannot be supplied, the Trader will use reasonable endeavours to provide a substitute item. The Consumer will be clearly notified that it is a substitute at the time of delivery. The Right of Withdrawal may not be excluded for substitute goods, and return shipping costs for substitute goods shall be borne by the Trader. Risk of damage and loss of goods rests with the Trader until delivery to the Consumer or a nominated recipient notified in advance, unless otherwise agreed in writing.

Article 11 – Recurring Agreements: Term, Termination and Renewal

Termination

The Consumer may terminate an open-ended recurring contract for regular delivery of goods (including electricity) or services at any time, subject to agreed termination rules and a maximum notice period of one month. The Consumer may terminate a fixed-term recurring contract for regular delivery of goods (including electricity) or services before expiry of the fixed term, subject to agreed termination rules and a maximum notice period of one month. For the above agreements: termination may be made at any time and is not restricted to fixed dates or cycles; termination channels shall at minimum match the channels used to place the order; the Consumer’s termination notice period shall not exceed the notice period applicable to the Trader.

Renewal

Fixed-term recurring contracts for regular delivery of goods or services may not be automatically renewed by tacit agreement. Exception: subscriptions to daily, weekly or monthly newspapers and periodicals may be tacitly renewed for a maximum of three months, provided the Consumer may terminate the renewed period before expiry with a maximum one-month notice period. A fixed-term contract may convert tacitly into an open-ended contract only if both conditions below are satisfied: the Consumer may terminate at any time with a maximum one-month notice period; for newspaper or periodical subscriptions delivered less frequently than monthly, the maximum notice period shall be three months. Introductory trial subscriptions for newspapers and periodicals shall not renew automatically and terminate at the end of the trial period.

Contract Term

If a contract runs for more than one year, the Consumer may terminate it at any time after the first year with a maximum one-month notice period, unless fairness and reasonableness preclude termination before the agreed expiry date.

Article 12 – Payment

Unless otherwise agreed, sums payable by the Consumer shall be settled within 7 business days from the start of the cooling-off period set out in Article 5 paragraph 1. For service contracts, this period commences when the Consumer receives contract confirmation. The Consumer must notify the Trader immediately if any payment details are incorrect. If the Consumer fails to pay when due, the Trader may, within legal limits, charge reasonable collection costs previously notified to the Consumer.

Article 13 – Complaint Handling Procedure

Complaints concerning performance issues must be submitted fully and clearly within 7 days after the Consumer discovers the defect. The Trader shall respond to a complaint within 14 days of receipt. If extended handling time is required, the Trader will send an acknowledgement within 14 days and advise when a full reply may be expected. If resolution cannot be reached by negotiation, a dispute arises and shall proceed under the dispute resolution process. A complaint does not suspend the Trader’s performance obligations unless the Trader confirms suspension in writing. If the Trader upholds the complaint, the Trader may, at its discretion, replace or repair the goods free of charge.

Governing Law These Terms of Service and any separate independent contract between us for the provision of services shall be governed by and construed in accordance with the laws of Hong Kong.