Terms of Service

Article 1 - Definitions

In these conditions, the following definitions apply:

  • Grace period: the period within which the consumer can exercise his right of withdrawal;
  • Consumer: the natural person, not acting in the exercise of a profession or business, who enters into a distance contract with the trader;
  • Day: calendar day;
  • Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period of time;
  • Durable medium: any means that enables the consumer or trader to store information addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information is possible.
  • Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
  • Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill in if he wishes to exercise his right of withdrawal.
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  • Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, one or more techniques of distance communication are used exclusively until the conclusion of the agreement;
  • Distance communication technique: means that can be used to conclude an agreement without the consumer and entrepreneur having to meet in the same room at the same time.
  • General terms and conditions: the present general terms and conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Business name: Fashion Nora

Registered business address: Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central, 0000, Hong Kong.

Company registration number: 76216411

Email: customerservice@fashion-nora.com
Phone number: +61468147157

You can reach us by email at: customerservice@fashion-nora.com, or visit our contact page, or check out our frequently asked questions.

Our customer service hours are (GMT+10):
Monday to Friday: 8:00am – 5:00pm
Saturday and Sunday: 10:00am – 3:00pm

We do our best to respond to your email within 1-2 business days.

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

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 can be viewed at the trader's premises and that they will be sent to the consumer free of charge as soon as possible on request.

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

In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to him.

If one or more provisions of these general terms and conditions should at any time be wholly or partially invalid or void, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced immediately by mutual agreement by a provision that comes as close as possible to the meaning and purpose of the original provision.

Situations not provided for in these General Terms and Conditions should be assessed "in the spirit" of these General Terms and Conditions.

Ambiguities about 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 must be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adjust 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 an appropriate assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.

The images of the products are a faithful representation of the products offered. The operator cannot guarantee that the colors shown correspond exactly to the actual colors of the products.

Each offer contains information from which the consumer can see what rights and obligations are associated with the acceptance of the offer. This concerns in particular:

  • the price;
  • any shipping costs;
  • the way in which the contract is concluded and what measures are required for this;
  • whether or not the right of withdrawal is applicable;
  • the method of payment, delivery and performance of the contract;
  • the period for acceptance of the offer or the period within which the trader guarantees the price
  • the amount of the distance communication rate if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
  • whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer;
  • the way in which the consumer can check and, if necessary, correct the data provided by him under the contract before concluding it;
  • the languages other than German in which the agreement can be concluded;
  • the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct by electronic means;
  • the minimum duration of the distance contract in the case of a fixed-term contract; and
  • Optional: available sizes, colors, types of materials.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer by electronic means, the trader will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader must take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure internet environment. If the consumer can pay electronically, the trader will take appropriate security measures.

The entrepreneur can - within the legal framework - find out whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this assessment, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or application or to attach special conditions to its execution, stating reasons.

The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be kept accessible by the consumer on a durable medium:

  • the visiting address of the establishment of the entrepreneur to which the consumer can turn with complaints; Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central
    Hong Kong.
  • the conditions and the way in which the consumer can exercise his right of withdrawal or, if applicable, clear information about the exemption from the right of withdrawal;
  • the information about guarantees and existing after-sales services;
  • the data referred to in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided the consumer with these data prior to the performance of the agreement;
  • the conditions for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  • In the case of a continuing performance agreement, the provision in the previous paragraph only applies to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he shall return the product with all delivered accessories and - as far as reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of his right of withdrawal, he must notify the trader of this within 30 days of receipt of the product. The consumer should communicate this in the form of a written notification/email. After the consumer has declared that he wishes to exercise his right of withdrawal, he must return the product within 30 days. The consumer must provide proof of timely return of the delivered goods, e.g. by means of proof of shipment.

If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not expressed his wish to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the product shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. The condition for this is that the product has already been returned to the entrepreneur or that conclusive proof of 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 trader has made this clear in the offer at least in good time before the contract is concluded.

The exclusion of the right of withdrawal is only possible for products:

  • which have been created by the trader according to the consumer's specifications;
  • which are clearly personal in nature
  • which cannot be returned due to their nature
  • that spoil or age quickly;
  • whose price is subject to fluctuations in the financial market that are beyond the entrepreneur's control;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software whose seal has been broken by the consumer.
  • Products from the "Beauty", "Bikinis & Swimsuits", "Kids & Baby" and "Sport" collections cannot be returned due to hygiene measures.
  • The exclusion of the right of withdrawal is only possible for services
  • for accommodation, transportation, catering or leisure activities to be carried out on a specific date or during a specific period;
  • the supply of which has begun with the express consent of the consumer before the expiry of the withdrawal period;
  • on betting and lotteries.

Article 9 - The price

During the period of validity stated 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.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This connection with fluctuations and the fact that the prices quoted are target prices will be mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has agreed them and

  • they result from statutory provisions or regulations; or
  • the consumer is entitled to terminate the contract on the day on which the price increase takes effect.

In accordance with Article 5(1) of the Value Added Tax Act 1968, the place of supply is the country in which transportation begins. In the present case, this delivery takes place outside the EU. The postal or courier service then collects import VAT or handling charges from the customer. Consequently, no VAT is 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 errors, the company is not obliged to deliver the product in accordance with the incorrect price.

Article 10 - Compliance and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal purposes.

A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the agreement.

Defective or incorrectly delivered products should be reported to the trader in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The guarantee does not apply if:

  • The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or otherwise treated negligently or contrary to the instructions of the entrepreneur and/or on the packaging;
  • The defectiveness is wholly or partly the result of regulations that the government has issued or will issue with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

The Company shall take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has communicated to the company.

With due observance of the provisions of Article 4 of these General Terms and Conditions, the company shall execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot or only partially be executed, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract free of charge and the right to possible compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product is not possible, the entrepreneur will endeavor to find a replacement product. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of the return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration agreements: duration, termination and renewal

Termination
The consumer may terminate an open-ended contract that has been concluded for the regular delivery of products (including electricity) or services at any time, subject to the applicable termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract that has been concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed-term in accordance with the applicable termination rules and with a notice period of no more than one month.

Consumers may terminate the agreements referred to in the previous paragraphs:

  • terminate them at any time and not be limited to termination at a specific time or during a specific period;
  • terminate them at least in the same way as they were concluded by him;
  • always end with the same notice period that the entrepreneur has set for himself.

Extension
A fixed-term contract for the regular delivery of goods (including electricity) or the provision of services cannot be tacitly renewed or extended for a fixed term.

Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate this renewed contract at the end of the extension with a notice period of no more than one month.

A fixed-term contract for the regular delivery of products or the provision of services may only be tacitly renewed for an indefinite period if the consumer may 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 concerns the regular delivery of daily or weekly newspapers and magazines less than once a month.

A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration
For contracts with a duration 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 duration is not permitted for reasons 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 begins after the consumer has received confirmation of the agreement.

The consumer has the duty to notify the trader immediately of any inaccuracies in the payment details provided or mentioned.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaints procedure

Complaints about the implementation of the agreement should be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has found the defects.

Complaints submitted to the entrepreneur will be answered within a period of 30 days after receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 30-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

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 trader's obligations, unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - SMS

By consenting to Fashion Nora's SMS marketing at checkout and initiating a purchase or signing up through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned cart reminders), text marketing offers and transactional texts, including requests for reviews from us, even if your cell phone number is registered on a state or federal do-not-call list. The frequency of messages varies. Consent is not a condition of purchase.

If you wish to opt-out of receiving SMS marketing messages and notifications, reply STOP to any mobile message we send or use the unsubscribe link we provide in each of our messages. You understand and agree that alternative methods of unsubscribing, such as using other words or requests, are not considered an appropriate method of unsubscribing. We do not charge for the Service, but you are responsible for all costs and charges associated with text messaging imposed by your mobile service provider. Message and data charges may apply.

If you have any questions, please text HELP to the number you received the messages from. You can also contact us via our contact page for more information.

We have the right to change the telephone numbers or short codes we use to operate the service at any time. You will be notified in such cases. You agree that any messages you send to a phone number or short code that we change, including any STOP or HELP requests, may not be received, and we will not be liable for fulfilling any requests in such messages.

To the extent permitted by law, you agree that we are not responsible for any failed, delayed or misdirected delivery of information sent through the Service, any errors in such information and/or any actions you take or fail to take in reliance on the information or the Service.

Your right to privacy is important to us. You can read how we collect and use your data in our Privacy Policy.

Article 16 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Australian law. Even if the consumer lives abroad.

Information about the website operator

Business name: Fashion Nora

Registered business address: Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central, 0000, Hong Kong.

Company registration number: 76216411

Email: customerservice@fashion-nora.com
Phone number: +61 468 147 157

You can reach us by email at: customerservice@fashion-nora.com, or visit our contact page, or check out our frequently asked questions.

Our customer service hours are (GMT+10):
Monday to Friday: 8:00am – 5:00pm
Saturday and Sunday: 10:00am – 3:00pm

We do our best to respond to your email within 1-2 business days.