Terms & Conditions

This website is operated by Grace And Curves. Throughout the site, the terms “we,” “us,” and “our” refer to Grace And Curves. Grace And Curves offers this website, including all information, tools, and services available through it, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms & Conditions (“Terms”), including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the website, including but not limited to browsers, customers, merchants, vendors, and content contributors.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree with all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current online store shall also be subject to these Terms. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Continued use of or access to the website following any updates constitutes acceptance of those changes.

Our online store is hosted by Shopify Inc., which provides us with the e-commerce platform that allows us to sell our products and services to you.

Article 1 – Definitions

For the purposes of these Terms, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise the right of withdrawal.
Consumer: a natural person acting outside the scope of a profession or business who enters into a distance contract with the merchant.
Day: calendar day.
Extended transaction: a distance contract relating to a series of products and/or services where delivery and/or purchase obligations are spread over time.
Durable medium: any means that enables the consumer or merchant to store information addressed personally to them in a way that allows future consultation and unchanged reproduction.
Right of withdrawal: the consumer’s option to withdraw from a distance contract within the cooling-off period.
Merchant: a natural or legal person offering products and/or services to consumers at a distance.
Distance contract: a contract concluded within a system organized by the merchant for the remote sale of products and/or services, using one or more means of distance communication up to and including the conclusion of the contract.
Means of distance communication: any method used to conclude a contract without the consumer and merchant being physically present together.
Terms & Conditions: these general terms and conditions of the merchant.

Article 2 – Identity of the Merchant

Email: support@graceandcurvesboutique.com

Article 3 – Applicability

These Terms & Conditions apply to every offer made by the merchant and to every distance contract and order concluded between the merchant and the consumer.

Before a distance contract is concluded, the text of these Terms & Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed that the Terms can be inspected at the merchant’s premises and will be sent free of charge upon request as soon as possible.

If the distance contract is concluded electronically, these Terms may be made available electronically in such a way that the consumer can store them on a durable medium. If this is not reasonably possible, the consumer will be informed where the Terms can be accessed electronically and that they will be sent free of charge upon request.

If specific product or service conditions apply in addition to these Terms, the consumer may always rely on the provision that is most favorable to them in the event of conflicting terms.

If one or more provisions of these Terms are found to be wholly or partially invalid or unenforceable, the remainder of the agreement and these Terms shall remain in force. The invalid provision will be replaced with one that most closely reflects the original intent.

Situations not covered by these Terms should be interpreted in the spirit of these Terms.

Any ambiguities regarding the interpretation or content of these Terms shall also be interpreted in the spirit of these Terms.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated.

All offers are non-binding. The merchant reserves the right to modify and adapt offers.

The offer includes a complete and accurate description of the products and/or services offered. Descriptions are sufficiently detailed to allow proper evaluation by the consumer. Images used by the merchant are a truthful representation of the products and/or services offered. Obvious mistakes or errors do not bind the merchant.

All images and specifications are indicative and cannot give rise to compensation or cancellation of the agreement.

Product images are intended to accurately represent the products offered. However, the merchant cannot guarantee that displayed colors exactly match the actual product colors.

Each offer clearly states the rights and obligations associated with acceptance of the offer, including in particular:

the price, excluding customs duties and import VAT, which are the responsibility of the consumer;
any shipping costs;
how the agreement will be concluded and what steps are required;
whether the right of withdrawal applies;
payment methods, delivery methods, and performance of the agreement;
the period during which the offer remains valid or the price is guaranteed;
communication costs if they differ from the standard rate;
whether the agreement is archived after conclusion and how it can be accessed;
how the consumer may review and correct submitted information before concluding the agreement;
languages in which the agreement may be concluded;
any codes of conduct to which the merchant subscribes and how they may be consulted electronically;
the minimum duration of the agreement in the case of long-term transactions.

Optional information may include available sizes, colors, and materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of Article 4, once the consumer accepts the offer and fulfills the associated conditions.

If the consumer accepts the offer electronically, the merchant will immediately confirm receipt electronically. Until this confirmation has been received, the consumer may cancel the agreement.

If the agreement is concluded electronically, the merchant will take appropriate technical and organizational measures to secure electronic data transfer and provide a secure web environment. If electronic payment is possible, appropriate security measures will be implemented.

Within legal limits, the merchant may investigate whether the consumer can meet payment obligations, as well as any other relevant factors necessary for responsibly entering into a distance contract. If the merchant has valid reasons not to proceed, they may refuse an order or request or attach special conditions to execution.

The merchant will provide the consumer, in writing or on a durable medium, with the following information:

the address where complaints can be submitted;
the conditions and procedure for exercising the right of withdrawal, or a clear notice if excluded;
information regarding guarantees and after-sales services;
the information referred to in Article 4 unless already provided before conclusion of the agreement;
the conditions for terminating agreements longer than one year or of indefinite duration.

Every agreement is concluded subject to sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the agreement without giving any reason within 14 days. This cooling-off period begins the day after the consumer, or a representative designated by the consumer, receives the product.

During the cooling-off period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it. If the consumer exercises the right of withdrawal, the product must be returned with all supplied accessories and, if reasonably possible, in its original condition and packaging, following the merchant’s reasonable instructions.

To exercise the right of withdrawal, the consumer must notify the merchant within 14 days of receiving the product, preferably in writing or by email. After notification, the product must be returned within 14 days. The consumer must be able to provide proof of timely return shipment.

If the consumer fails to notify the merchant or return the product within the specified periods, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, return shipping costs are borne by the consumer.

If the consumer has already made a payment, the merchant will refund the amount as soon as possible and no later than 14 days after cancellation, provided the returned product has been received or valid proof of return has been supplied.

Article 8 – Exclusions from the Right of Withdrawal

The merchant may exclude the right of withdrawal for products and services as described below, provided this is clearly stated before conclusion of the agreement.

Exclusion applies to products:

made according to consumer specifications;
clearly personalized;
unsuitable for return due to their nature;
liable to deteriorate or expire quickly;
whose prices fluctuate on financial markets beyond the merchant’s control;
newspapers and magazines sold individually;
audio, video, or software products with broken seals;
hygiene products with broken seals.

Exclusion also applies to services:

related to accommodation, transportation, catering, or leisure activities for specific dates or periods;
that began with the consumer’s explicit consent before the cooling-off period expired;
related to gambling or lotteries.

Article 9 – Pricing

Prices for products and/or services will not increase during the validity period stated in the offer, except for changes in VAT rates.

Variable pricing may apply to products or services subject to financial market fluctuations beyond the merchant’s control. This dependency will be clearly stated in the offer.

Price increases within three months of concluding the agreement are only permitted if required by legal regulations.

Price increases after three months are only permitted if stipulated in advance and legally justified.

Delivery takes place outside the EU, meaning import VAT and/or customs duties may be collected directly from the customer by postal or courier services. Therefore, the merchant does not charge VAT.

All prices are subject to printing and typographical errors. The merchant accepts no liability for such errors and is not obligated to supply products at incorrect prices.

Article 10 – Conformity and Warranty

The merchant guarantees that products and/or services conform to the agreement, the specifications stated in the offer, reasonable standards of reliability and usability, and applicable legal requirements at the time of conclusion.

Any warranty offered by the merchant, manufacturer, or importer does not affect the legal rights and claims the consumer may have under applicable law.

Defects or incorrectly delivered products must be reported in writing within 14 days of delivery. Products must be returned in original packaging and unused condition.

The merchant’s warranty period corresponds to the manufacturer’s warranty period. However, the merchant is never responsible for the suitability of products for specific individual purposes or for any advice regarding their use.

The warranty does not apply if:

the consumer repaired or modified the products themselves or had them repaired by third parties;
the products were exposed to abnormal conditions or handled carelessly;
the defect results wholly or partly from government regulations concerning the nature or quality of materials used.

Article 11 – Delivery and Performance

The merchant shall exercise the utmost care when receiving and fulfilling product orders.

Accepted orders will be fulfilled without undue delay and no later than 30 days unless a longer delivery period has been agreed upon. If delivery is delayed or an order cannot be fulfilled, the consumer will be informed within 30 days. In such cases, the consumer has the right to cancel the agreement free of charge and may be entitled to compensation.

If the agreement is canceled under the previous paragraph, the merchant will refund any amounts paid within 14 days.

If delivery of a product becomes impossible, the merchant will make reasonable efforts to provide a replacement product. Any replacement will be clearly identified upon delivery. The right of withdrawal cannot be excluded for replacement products, and return costs for replacements will be borne by the merchant.

The risk of damage and/or loss remains with the merchant until delivery to the consumer or a designated representative, unless otherwise agreed.

Article 12 – Long-Term Agreements: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement of indefinite duration involving recurring delivery of products or services at any time with a notice period of no more than one month.

The consumer may terminate a fixed-term agreement involving recurring delivery at the end of the agreed term with a notice period of no more than one month.

The consumer may terminate such agreements:

at any time and not limited to a specific period;
in the same manner in which they were entered into;
with the same notice period the merchant applies to themselves.

Renewal

Fixed-term agreements may not be automatically renewed for another fixed term, except for subscriptions to newspapers or magazines, which may be renewed for up to three months if the consumer can terminate with one month’s notice.

Fixed-term agreements for recurring products or services may only be automatically renewed indefinitely if the consumer may terminate at any time with a notice period of no more than one month.

Trial or introductory subscriptions to newspapers and magazines are not automatically renewed and end automatically after the trial period.

Duration

If an agreement exceeds one year, the consumer may terminate it after one year with a notice period of no more than one month, unless fairness and reasonableness dictate otherwise.

Article 13 – Payment

Unless otherwise agreed, payments due by the consumer must be made within 7 working days after commencement of the withdrawal period referred to in Article 6.1.

The consumer is obligated to report inaccuracies in payment details immediately.

If payment is not made, the merchant may charge reasonable costs previously disclosed to the consumer, subject to legal limitations.

Article 14 – Complaints Procedure

Complaints regarding performance of the agreement must be submitted fully and clearly to the merchant within 7 days after the consumer discovers the issue.

Complaints submitted to the merchant will be answered within 14 days. If more time is required, the merchant will acknowledge receipt within 14 days and indicate when a more detailed response can be expected.

If a complaint cannot be resolved amicably, it becomes subject to dispute resolution procedures.

Submitting a complaint does not suspend the merchant’s obligations unless otherwise agreed in writing.

If the complaint is found to be justified, the merchant will, at its discretion, replace or repair the products free of charge.

Article 15 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of HK.

Hong Kong Sea Worldwide Trading Co., Limited
ROOM 1603, 16/F, TUNG NING BUILDING, NO. 125-126 CONNAUGHT ROAD CENTRAL, SHEUNG WAN, HONG KONG
Company Number: 72967535