Terms and Conditions
General Terms and Conditions
1 General
1.1 Scope of application
These General Terms and Conditions apply in the version valid at the time of conclusion of the contract for all business relationships between us
Grind-King
a brand of
Stylecraft ECOM Limited
Room 602, 6/F, Kai Yue Comm Bldg
No. 2c, Argyle St, Mongkok KL
Hong Kong
Email support@grind-king.com
and you. Should you use conflicting general terms and conditions, these are hereby expressly rejected.
1.2 Contractual agreement
The contract language is English.
1.3 Conclusion of contract
The presentation of the product range in our online store is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step, you select the desired coaching session. In the second step, you enter your details including your billing address and, if applicable, a different delivery address, unless you have already entered them in your customer account. In the third step, select the desired payment method. In the fourth step, you have the opportunity to check all details (e.g. name, address, payment method, items ordered) once again and correct any input errors before confirming your order by clicking on the “Order with obligation to pay” button. By placing an order, you make a binding offer to enter into a contract. We will confirm receipt of your order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to bindingly accept the contractual offer contained in the order within two days of receipt of the order by e-mail, fax, telephone, post or by notifying you of the dispatch of the goods. The contract is only concluded upon acceptance.
1.4 Storage of the contract text
The text of the contract will be saved by us and sent to you in text form (e.g. by e-mail, fax or post) after your order has been sent, together with these General Terms and Conditions and customer information. However, you will no longer be able to retrieve the text of the contract via the website once you have sent your order. You can use the browser’s print function to print out the relevant website with the contract text.
2 Delivery
2.1 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.2 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented by us even with the utmost care and for which we are not responsible (this includes in particular strikes, official or court orders and cases of incorrect or improper self-delivery despite a covering transaction to this effect), entitle us to postpone the delivery for the duration of the impeding event.
2.3 Exclusion of delivery
We do not deliver to P.O. Box addresses.
2.4 Default of acceptance
If you are in default of acceptance of the ordered goods, we shall be entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for default or non-performance. During the delay in acceptance, you shall bear the risk of accidental loss or accidental deterioration.
2.5 Time of performance
Unless expressly agreed otherwise, delivery shall be made by us within 5 days. In the case of payment in advance, the delivery period begins on the day after the payment order is issued to the transferring bank or, in the case of payment on delivery or purchase on account, on the day after the contract is concluded. The deadline ends on the fifth day thereafter. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized at the place of delivery, the period shall end on the next working day.
3 Payment
3.1 Prices
All prices are inclusive of VAT.
3.2 Default of payment
You shall be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of late payment, interest shall be charged at a rate of 9 percentage points above the prime rate of the European Central Bank. Should you fall into arrears with your payments, we reserve the right to charge a reminder fee of 2.50 euros. We reserve the right to claim further damages. You have the option of proving that we have incurred no or less damage.
3.3 Right of retention
You are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.
4 Cancellation policy for consumers for distance selling contracts
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods / the last goods.
To exercise the right to cancel, you must inform us (Stylecraft ECOM Limited Room 602, 6/F, Kai Yue Comm Bldg No. 2c, Argyle St, Mongkok KL, E-Mail: support@grind-king.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
- End of the withdrawal policy –
Special notes on the premature expiry of the right of withdrawal
In the case of a contract for the delivery of digital content not on a physical data carrier (e.g. downloads), your right of withdrawal expires prematurely if the entrepreneur has started to execute the contract after you have expressly agreed that the entrepreneur will start to execute the contract before the expiry of the withdrawal period and you have confirmed your knowledge that you will lose your right of withdrawal by giving your consent at the beginning of the execution of the contract.
5 Discount codes
5.1 General
Discount codes are codes that cannot be purchased, but which we issue as part of advertising campaigns with a certain period of validity.
5.2 Usability and validity
Discount codes can only be redeemed within the specified period and only once as part of an order process. Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible. The discount code cannot be transferred to third parties. Multiple discount codes cannot be combined with each other unless we have agreed otherwise.
6 Retention of title
The delivered goods remain our property until the purchase price has been paid in full. You must treat the goods subject to simple retention of title with care at all times. You assign to us any claim or compensation that you receive for damage, destruction or loss of the delivered goods. If you act in breach of contract, in particular in the event of default of payment, we are entitled to take back the purchased goods. In this case, taking back the goods does not constitute a withdrawal from the contract, unless we expressly declare this in text form.
7 Warranty for the purchase contract
7.1 General
There are statutory warranty rights. A warranty claim can only arise with regard to the properties of the goods; reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular, there may be technical and design deviations (e.g. color, weight, dimensions, design, scale, positioning, etc.) with regard to the descriptions, illustrations and information in our offers, brochures, catalogs, on the website and other documents, insofar as these changes are reasonable for you. Such reasonable reasons for change may result from customary commercial fluctuations and technical production processes. Insofar as guarantees are given in addition to the warranty claims, you will find the exact conditions of these guarantees with the product. Possible guarantees do not affect the warranty rights.
7.2 Warranty claim
In the event of a defect, we shall, at our discretion, provide subsequent performance in the form of rectification of the defect or replacement delivery. The risk of accidental loss or deterioration of the goods shall pass to you upon delivery to the person responsible for transportation. You must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. You shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
7.3 Rights in the event of insignificant defects
In the event of an insignificant defect, you are only entitled to a reasonable reduction in the purchase price, excluding the right of withdrawal.
7.4 Compensation for defects
No warranty is given for damage caused by improper handling or use. Express reference is made to the following exclusion of liability.
8 Valuations
8.1 General
We give you the opportunity to rate the offers and services of our providers. In doing so, you are obliged to provide information to the best of your knowledge and belief. We may editorially check the admissibility of the ratings you submit. We are entitled, but not obliged, to publish reviews on our website and make them visible to all users.
8.2 Abusive or illegal reviews
Abusive or illegal reviews will be deactivated or deleted by us without prior notice. This is particularly the case if false, insulting or other illegal information is provided or if the reviews are misused as advertising space.
9 Usability of the services
9.1 Further development of the service / availability
We endeavor to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not impair the core services and are reasonable for the contractual partner, taking into account their interests. We are also entitled to interrupt website operation partially or completely within reasonable limits for the purposes of updating and maintenance. In this respect, we do not guarantee the availability of the services offered at all times and do not guarantee that the services offered or parts thereof can be made available and used from any location. This does not affect your warranty rights.
9.2 Technical requirements
The use of the website requires corresponding compatible devices. It is your responsibility to set up or maintain the device in a condition that allows you to use the website services.
10 Liability
10.1 Exclusion of liability
We and our legal representatives and vicarious agents shall only be liable for intent or gross negligence. Insofar as material contractual obligations (i.e. obligations whose fulfillment is of particular importance for achieving the purpose of the contract) are affected, liability shall also be assumed for slight negligence. Liability shall be limited to the foreseeable damage typical of the contract. In the event of a grossly negligent breach of non-essential contractual obligations, we shall only be liable to entrepreneurs in the amount of the foreseeable damage typical for the contract.
10.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
11 Final provisions
11.1 Place of jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.
11.2 Choice of law
Insofar as there are no mandatory statutory provisions to the contrary under your home law, Hong Kong law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.3 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.
