General Terms & Conditions

General Terms and Conditions for OLIVIA & PEARL

Table of Contents:

  1. Definitions
  2. Identity of Olivia & Pearl
  3. Applicability
  4. The Offer
  5. The Agreement
  6. Right of Withdrawal
  7. Consumer Obligations During the Withdrawal Period
  8. Exercising the Right of Withdrawal by the Consumer and Associated Costs
  9. Obligations of Olivia & Pearl in Case of Withdrawal
  10. Exclusions from the Right of Withdrawal
  11. Pricing
  12. Fulfillment and Additional Warranty
  13. Delivery and Performance
  14. Ongoing Agreements: Duration, Termination, and Renewal
  15. Payment
  16. Complaint Handling
  17. Disputes
  18. Supplementary or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Supplementary Agreement: An agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance sales agreement, provided by Olivia & Pearl or a third party based on an agreement between this third party and Olivia & Pearl.
  • Withdrawal Period: The period during which the consumer can exercise their right of withdrawal.
  • Consumer: A natural person who does not act for purposes related to commercial, business, craft, or professional activities.
  • Day: Calendar day.
  • Digital Content: Data produced and delivered in digital form.
  • Ongoing Agreement: An agreement aimed at regular delivery of goods, services, and/or digital content over a specified period.
  • Durable Medium: Any means, including email, that enables the consumer or business to store information addressed personally to them in a way that allows for future consultation or use for a sufficient period for the purpose for which the information is intended, and that allows for unchanged reproduction of the stored information.
  • Right of Withdrawal: The consumer's option to withdraw from the distance sales agreement within the withdrawal period.
  • Distance Sales Agreement: An agreement between Olivia & Pearl and the consumer concluded as part of an organized system for the distance sale of products, digital content, and/or services, where one or more techniques for remote communication are exclusively or partially used until the conclusion of the agreement.

Article 2 – Identity of OLIVIA & PEARL

  • Company Name: Strive Ecom Limited
  • Email Address: info@oliviapearljewels.com
  • Address: RM 509, 5/F, THE CLOUD, 111 Tung Chau Street, Tai Kok Tsui, Kowloon, Hong Kong
  • Commercial Registration Number: 77889390

Article 3 – Applicability

These general terms and conditions apply to any offer from Olivia & Pearl and any agreement entered into remotely between businesses and consumers. Before entering into the distance sales agreement, the consumer will be presented with these general terms and conditions. If it is not reasonably possible, Olivia & Pearl will inform the consumer before entering into the distance sales agreement about how the general terms and conditions can be consulted at Olivia & Pearl and that they will be sent free of charge as soon as possible upon the consumer's request.

If the distance sales agreement is concluded electronically, contrary to the previous paragraph, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily save them on a durable medium. If this is not reasonably possible, it will be indicated before entering into the distance sales agreement where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon the consumer's request.

Article 4 – The Offer

The offer includes a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make an informed assessment of the offer. If Olivia & Pearl uses images, these are a true representation of the offered products, services, and/or digital content. Obvious errors or shortcomings in the offer are not binding on Olivia & Pearl. Each offer contains the necessary information that allows the consumer to assess the rights and obligations associated with accepting the offer.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of the fourth paragraph, at the time the consumer accepts the offer and meets the corresponding conditions. If the consumer has accepted the offer electronically, Olivia & Pearl confirms receipt of the acceptance electronically. Until Olivia & Pearl has confirmed receipt of this acceptance, the consumer can revoke the agreement. Olivia & Pearl takes appropriate technical and organizational measures to ensure electronic data transmission and provides a secure web environment. Olivia & Pearl may, within legal limits, investigate whether the consumer can meet their payment obligations, as well as all facts and factors important for a responsible conclusion of the distance sales agreement. If Olivia & Pearl has good reason not to conclude the agreement based on this investigation, it is entitled to refuse an order or request or to set special conditions for execution. Olivia & Pearl will provide the consumer with the following information in writing or in such a way that the consumer can save the information on a durable medium at the latest upon delivery of the product, service, or digital content:

  • The business address of Olivia & Pearl's establishment where the consumer can address complaints.
  • The conditions and manner in which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
  • Information on warranties and existing after-sales service.
  • The data contained in Article 4, paragraph 3 of these terms unless Olivia & Pearl has already provided this information to the consumer before the execution of the agreement.
  • The requirements for termination of the agreement if the agreement has a duration of more than one year or is entered into for an indefinite period.

Article 6 – Right of Withdrawal for Product Purchases

The consumer can withdraw from an agreement for the purchase of a product within a reflection period of at least 14 days without giving a reason. Olivia & Pearl may ask the consumer for the reason for withdrawal but is not obligated to do so. The reflection period specified in the offer begins the day after the consumer or a representative designated and notified by the consumer receives the product. If Olivia & Pearl has not provided the consumer with the legally required information about the right of withdrawal, the reflection period is twelve months.

Article 7 – Consumer Obligations During the Withdrawal Period

During the withdrawal period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they must return the product with all accessories, if reasonably possible, and in its original condition and packaging to Olivia & Pearl, as instructed in Article 8.

Article 8 – Exercising the Right of Withdrawal by the Consumer and Associated Costs

To exercise the right of withdrawal, the consumer must inform Olivia & Pearl of their decision by means of an unequivocal statement (e.g., in writing by post, or email). The consumer may use the model withdrawal form provided by Olivia & Pearl, but is not obliged to do so. To meet the withdrawal period, the consumer must send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

If the consumer withdraws from the agreement, the consumer bears the costs of returning the goods unless Olivia & Pearl has agreed to bear these costs.

Article 9 – Obligations of Olivia & Pearl in Case of Withdrawal

If Olivia & Pearl receives the consumer's withdrawal notice, Olivia & Pearl will send the consumer a confirmation of receipt without delay. Olivia & Pearl will reimburse all payments received from the consumer, including any delivery costs, without undue delay and in any case no later than 14 days from the day Olivia & Pearl receives the product or proof of return. Olivia & Pearl will reimburse using the same payment method the consumer used unless the consumer has explicitly agreed otherwise. The consumer will not incur any costs for such reimbursement.

Article 10 – Exclusions from the Right of Withdrawal

Olivia & Pearl excludes the right of withdrawal for the following products and services:

  • Products that are custom-made or have been modified specifically for the consumer.
  • Sealed products that are not suitable for return for reasons of health protection or hygiene, and whose seal has been broken after delivery.
  • Products that, after delivery, are inseparably mixed with other products.
  • Sealed audio, video recordings, and computer software whose seal has been broken after delivery.

Article 11 – Pricing

All prices stated in the offer are inclusive of VAT. The prices of the products and services are not subject to price changes during the validity period stated in the offer, except for changes in VAT rates.

Article 12 – Fulfillment and Additional Warranty

Olivia & Pearl ensures that the products and services meet the requirements of the agreement, the specifications stated in the offer, and the reasonable expectations of the consumer. Olivia & Pearl provides an additional warranty only if this has been explicitly agreed upon.

Article 13 – Delivery and Performance

Olivia & Pearl will take the greatest possible care when receiving and implementing orders for products. The place of delivery is the address that the consumer has made known to Olivia & Pearl. Delivery times indicated by Olivia & Pearl are indicative and do not constitute a deadline. If the consumer has not received the products within the delivery time, they must inform Olivia & Pearl. Olivia & Pearl will then aim to deliver the product as soon as possible.

Article 14 – Ongoing Agreements: Duration, Termination, and Renewal

If an agreement has a duration of more than one year, the consumer can terminate it at any time, with due observance of a notice period of up to one month. The agreement will be automatically renewed for the same period unless the consumer terminates it in accordance with the terms set out in this article.

Article 15 – Payment

The consumer must pay the amount owed to Olivia & Pearl within the period stated in the offer. Payment can be made through the payment methods specified in the offer. If the consumer fails to pay on time, they are in default by operation of law. Olivia & Pearl will inform the consumer of this in writing and will give the consumer a period of at least 14 days to fulfill their payment obligations before proceeding with further actions.

Article 16 – Complaint Handling

Complaints about the execution of the agreement must be submitted to Olivia & Pearl within a reasonable time after the consumer has discovered the defects. The complaint must contain a detailed description of the defect, enabling Olivia & Pearl to respond adequately. Olivia & Pearl will respond to the complaint within a reasonable period, no later than 14 days after receipt. If the complaint cannot be resolved in mutual agreement, a dispute will arise that is subject to the dispute resolution provisions in Article 17.

Article 17 – Disputes

Agreements between Olivia & Pearl and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Any disputes arising from these agreements will be submitted to the competent court in the Netherlands. If the consumer has a dispute with Olivia & Pearl and is a consumer in the European Union, they may also file a complaint through the Online Dispute Resolution (ODR) platform provided by the European Commission.

Article 18 – Supplementary or Deviating Provisions

Supplementary or deviating provisions from these general terms and conditions may not disadvantage the consumer and must be documented in writing or in such a way that the consumer can store them on a durable medium.

 

Company Information

Company Legal Name: STRIVE ECOM LIMITED

Company Number: 77889390 Incorporation

Date: 21 March 2025

Jurisdiction: Hong Kong SAR

Business Registration Certificate No.: 77889390-000-03-25-4

 

Registered Office:

RM 509, 5/F, THE CLOUD

111 Tung Chau Street

Tai Kok Tsui, Kowloon

Hong Kong 

 

Director & Shareholder: Neville Lloyd Reisig

Share Capital: 10,000 HKD (Fully Paid – 10,000 Ordinary Shares)

Company Secretary: Chi Ying Business (HK) Limited

Nature of Business: Retail trade (Code: 047)

Business Contact Email: info@oliviapearljewels.com