Terms and conditions
Article 1 - Definitions.
In these terms and conditions, the following definitions apply:
Withdrawal period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in such a way that future access to the stored information is possible and unchanged.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who offers goods and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of an arrangement for the distance sale of goods and/or services organised by the entrepreneur, use is made exclusively of one or more means of distance communication until the agreement is concluded;
Means of distance communication: means that can be used to conclude a contract without the consumer and the entrepreneur being in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the trader.
Article 2 - Identity of the trader
Info@calmivaofficial.com
Company name: SPK COMMERCIAL LIMITED
Tax registration number: 76227842
Customer service: Monday to Friday from 9 a.m. to 8 p.m.
SUITE C, LEVEL 7, WORLD TRUST TOWER 50 STANLEY STREET, CENTRAL HONG KONG
Customer service number: +66 94 706 4696
Article 3 - Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer, as well as to every order.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's place of business and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded by electronic means, the text of these general terms and conditions shall be made available to the consumer by electronic means, notwithstanding the preceding paragraph, and before the distance contract is concluded, in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that, in addition to these general terms and conditions, special product or service conditions apply, paragraphs 2 and 3 shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or destroyed, then the agreement and these terms and conditions shall remain in force for the remainder, and the relevant provision shall be replaced by mutual agreement without undue delay by a provision that comes as close as possible to the scope of the original provision.
Situations not provided for in these general terms and conditions shall be assessed “in the spirit” of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our general terms and conditions must be interpreted “in the spirit” of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to modify and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot lead to compensation or termination of the agreement.
Images of products are a true representation of the products offered. The operator cannot guarantee that the colors displayed are exactly the same as the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns in particular:
The price, excluding customs clearance costs and import sales tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special rules for postal and courier services with regard to imports. These rules apply if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect the value added tax (together with customs clearance fees, if applicable) from the recipient of the goods;
any shipping costs;
the manner in which the contract is concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the contract;
the deadline for accepting the offer or the period during which the trader guarantees the price;
the amount of the remote communication tariff if the costs of using the remote communication technology are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer;
the manner in which the consumer can review and, if desired, restore the information provided by him under the contract before the contract is concluded;
all languages other than English in which the contract can be concluded;
the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes electronically; and
the minimum duration of the distance contract in the case of a contract for a period of time.
Optional: available sizes, colors, type of materials.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and the conditions set out therein are met.
If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the trader has not confirmed receipt of this acceptance, the consumer may withdraw from the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transfer of data and to ensure a secure Internet environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
The entrepreneur may, within the legal framework, obtain information about whether the consumer is able to fulfill his payment obligations, as well as about all facts and factors that are important for the responsible conclusion of the distance contract. If, based on this assessment, the entrepreneur has valid reasons not to conclude the contract, he is entitled to refuse an order or application or to make the execution subject to special conditions, stating the reasons.
The entrepreneur shall provide the consumer with the following information in writing or in such a way that it can be stored by the consumer on a durable medium
the contact address of the entrepreneur's place of business to which the consumer can address complaints;
the conditions and manner in which the consumer can exercise his right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
information about guarantees and existing customer service;
the information contained in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the conclusion of the contract;
the conditions for termination of the contract if the contract has a term of more than one year or is of indefinite duration.
In the case of a fixed-term transaction, the provision of the previous paragraph shall only apply to the first delivery.
Each contract is concluded subject to the condition precedent of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option of terminating the contract without giving reasons within a period of 14 days. This cooling-off period begins on the day after the consumer or a representative designated by the consumer and notified to the entrepreneur receives the product.
During the cooling-off period, the consumer shall treat the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the consumer exercises his right of withdrawal, he shall return the product with all accessories supplied and, if possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur within 14 days of receiving the product. The consumer must do this in writing/by email. After the consumer has notified the entrepreneur that he wishes to exercise his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that he has returned the delivered goods in time, for example by means of proof of shipment.
If the customer has not expressed his intention to exercise his right of withdrawal or has not returned the product to the entrepreneur within the periods specified in paragraphs 2 and 3, the purchase is final.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the goods shall be borne by him.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the entrepreneur or that conclusive proof of the complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this in the offer, at least in good time before the conclusion of the contract.
An exclusion of the right of withdrawal is only possible for products
which have been manufactured by the entrepreneur according to the consumer's specifications;
which are clearly personal in nature;
which cannot be returned due to their nature;
which spoil quickly or age;
whose price is subject to fluctuations in the financial market that are beyond the entrepreneur's control;
for individual newspapers and magazines;
audio and video recordings and computer software whose seal has been broken by the consumer.
for hygiene articles whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services
relating to accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;
for which delivery has begun with the consumer's express consent before the expiry of the withdrawal period;
for bets and lotteries.
Article 9 - The price
During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence at variable prices. This link with fluctuations and the fact that the prices quoted are indicative prices shall be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory provisions or regulations.
Price increases after 3 months after the conclusion of the contract are only permitted if the entrepreneur has determined them and:
they result from statutory provisions; or
the consumer is entitled to terminate the contract on the day on which the price increase takes effect.
The place of delivery within the meaning of Article 5(1) of the UStG 1968 is the country in which transport begins. In the present case, this delivery takes place outside the EU. Accordingly, the postal or courier service will charge the customer for import sales tax or customs clearance fees. Therefore, no value added tax will be charged by the entrepreneur.
All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or official regulations existing at the time of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.
Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any particular application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the contractor and/or have been handled on the packaging;
The inadequacy is wholly or partly the result of regulations that the state has imposed or will impose with regard to the nature or quality of the materials used.
Article 11 - Delivery and execution
The contractor will exercise the greatest possible care in accepting and executing orders for products.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be executed or can only be executed in part, the consumer will be informed of this no later than 30 days after the order. In this case, the consumer has the right to terminate the contract without incurring any costs and without being entitled to any compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to deliver a replacement item. At the latest upon delivery, it will be clearly and comprehensibly communicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of the return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products shall remain with the entrepreneur until the moment of delivery to the consumer or to a representative designated and announced in advance to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration of transactions: duration, termination, and renewal
Termination
The consumer may terminate a contract that has been concluded for an indefinite period and extends to the regular delivery of goods (including electricity) or services at any time in accordance with the agreed termination rules and with a notice period of up to one month.
The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the applicable termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the preceding paragraphs at any time:
terminate at any time and not be limited to a specific date or period;
terminate at least in the same manner as they were concluded
always terminate with the same notice period that the trader has set for itself.
Renewal
A fixed-term contract for the regular delivery of goods (including electricity) or the provision of services cannot be tacitly extended or renewed for a specific period.
Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular delivery of daily newspapers and weekly magazines may be tacitly renewed for a fixed period of no more than three months if the consumer can terminate this renewed contract at the end of the renewal period with a notice period of no more than one month.
A fixed-term contract concluded for the regular supply of goods or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract covers the regular, but less than monthly, supply of daily newspapers, news and weekly magazines.
A fixed-term contract for the regular delivery of trial days, newspapers, and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically at the end of the trial or introductory period.
Duration
In the case of contracts with a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless termination before the end of the agreed term is not permitted on grounds of reasonableness and fairness.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
The consumer has the duty to immediately inform the entrepreneur of any inaccuracies in the payment details provided or mentioned.
In the event of non-payment by the consumer, the entrepreneur has the right to charge the consumer reasonable costs, subject to legal restrictions, which were announced in advance.
Article 14 - Complaints
Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days of the consumer discovering the defects, in a complete and clear manner.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is considered justified by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Thai law. This also applies if the consumer is domiciled abroad.