In the following the current General Terms and Conditions of FRANCESCA Ltd are stated. They form an integral part of the agreement reached between FRANCESCA Ltd and the Partner.
The parties agree as set out below:
1. Contracting parties
The contracting parties are the buyer (hereinafter the Partner) and FRANCESCA Ltd with registered address in Hong Kong. The latter is represented by its chief executive, Mrs. Cornelia MAEDER, FRANCESCA Ltd, 9/F, 5-8 Queen Victoria, Central Hong Kong, Phone: +852.9730.6908.
2. Dispatch of goods
An agreement governing the ordering of goods comes into effect upon placement of any order by the Partner at FRANCESCA Ltd. Shipment of the ordered goods is depends on the time of receipt of the order. No guarantees can be given on any delivery dates.
Please note that the units stated in the pricelist cannot be changed prior to written special agreement and may be subject to price changes.
Where goods are dispatched to warm regions or during periods of high temperatures, the products are either packed in special insulating materials, which can increase the weight per dispatch by up to 300 g, or sent keeping the cold chain from pickup to destination.
3. Dispatch costs
Dispatch costs may result out of FRANCESCA Ltd delivery terms. In lack of such agreement, they depend on the dispatch method chosen by the customer. If there is no agreement for the dispatch costs, any costs for transport, insurance etc. and any taxes have to be paid by
the Partner. The risk of accidental loss or destruction always goes to the Partner as soon as the ordered products are ready for transport ex work FRANCESCA Ltd Hong Kong.
4. FRANCESCA Ltd’s right to offer substitutes
The Partner is aware that FRANCESCA Ltd only supplies top quality products. As a result the product range may need to be changed to reflect seasonal supply shortages or may not always be fully available. In this case, FRANCESCA Ltd reserves the right to substitute the
goods ordered by other products from its range of the same type and quality unless agreed differently in written form.
5. Warranty
Customers must check goods within 24hrs after delivery. Complaints concerning the delivery of non-conforming goods must be made in written form immediately after delivery including respective picture. Complaints must be sent with details of the defects to FRANCESCA@enrichyourpotential.com.
If non-conforming goods have been delivered, FRANCESCA Ltd is entitled to fulfill the agreement either by eliminating the defects or by making another delivery of goods conforming to the agreement until the Partner is in receipt of goods conforming to specification. The Partner concerned waives the right to withhold payment until a satisfactory solution to the problem.
6. Liability disclaimer
FRANCESCA Ltd will employ its best endeavors to provide a satisfactory solution for customers making justifiable complaints. Nonetheless, FRANCESCA Ltd accepts no liability whatsoever for any direct or indirect losses incurred as a result of the delivery of ordered goods. In particular, no liability is accepted in respect of the following cases, which are by way of example onlyand are not exhaustive:
- Injury to health and consequential losses of whatsoever nature resulting from the consumption of goods whether they conform to the agreement or not such as, for example, allergic or other physical reactions of whatsoever nature, weight gains etc;
- Losses and consequential losses resulting from the delivery of goods not conforming to the agreement caused by delivery delays themselves caused by unforeseeable events such as natural catastrophes, wars, strikes, export/import bans, embargos, delays at the customs, accidents to the postal, courier or transport service engaged for the delivery etc;
- Losses and consequential losses as a result of the delayed delivery or delivery otherwise of goods that are not contractually conforming;
- Losses and consequential losses occurring as a result of the customer storing the ordered goods improperly;
- Losses or consequential losses as a result of the delayed delivery or delivery otherwise of goods that are not contractually conforming occurring because of errors in the delivery address or because the customer was absent at the time of delivery or refused to accept delivery.
- FRANCESCA Ltd also gives no warranty whatsoever concerning the accuracy or completeness of its homepage meaning that it accepts no liability whatsoever for direct or indirect losses arising through incompleteness or inaccuracy of information shown on FRANCESCA’s homepage concerning the products that it sells.
7. Prices and costs
If there is no other agreement between the parties the prices quoted by FRANCESCA Ltd are in HKD. They conform to the FRANCESCA Ltd pricelist. The pricelist is valid for one year. It may be adapted to exceptional events like the increase of commodity prices.
Insurance costs and customs dues are charged pro rata and at the current rates, and are billed to the Partner. FRANCESCA Ltd is entitled to change the prices quoted per year to reflect current conditions, such as the seasonal availability of raw materials etc. For this reason, FRANCESCA expressly reserves the right to make such price changes if necessary.
8. Payment
Deliveries and services are always to be paid in advance if not stated otherwise in written form within the pricelist or the contract.
For payments in HKD:
HSBC Hong Kong, 1, Queen’s Road, Central
FRANCESCA Ltd, Room 903, 5-8 Queen Victoria Street, Central
Acc.No: 809-401664-838, Swift: HSBCHKHHHKH
For Cheque payments within HK please address it to “FRANCESCA Ltd”.
9. Data protection
All the customer’s details, such as name, delivery address, financial data etc. are used exclusively for the purpose of handling the order. They are not disclosed to third parties.
10. Customer service
Contact details for FRANCESCA Ltd customer services are as follows:
E-mail: FRANCESCA@enrichyourpotential.com, Tel: +852.9730.6908, Fax: +852.2522.5689
11. Applicable law and place of jurisdiction
A contract agreed between the Partner and FRANCESCA Ltd is subject solely to the provisions of the Hong Kong Code of Obligations. This applies also to Partners domiciled outside Hong Kong. The sole and exclusive court of jurisdiction for all disputes arising from this is at Hong Kong.
FRANCESCA Ltd
9/F, 5-8 Queen Victoria Street
FRANCESCA@enrichyourpotential.com
www.enrichyourpotential.com
