Terms and Conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal.

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.

Day: calendar day.

Long-term contract: a distance contract relating to a series of products and/or services, for which the obligation to deliver and/or purchase is spread over time.

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them, in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: a contract concluded within the framework of an organised system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.

Technique for distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same physical space.

Terms and Conditions: the present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: ADVARO LIMITED
Company number: 78694544
Trading name: ADVARO LIMITED
Customer service email: info@everleyofficial.com
Business address:
Suite C, Level 7, World Trust Tower
50 Stanley Street, Central
Hong Kong

Article 3 – Applicability

These 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 Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the distance contract is concluded, indicate where the Terms and Conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these Terms and Conditions may, in deviation from the previous paragraph and before the contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, the entrepreneur shall indicate, before the contract is concluded, where the Terms and Conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

If, in addition to these Terms and Conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision that is most favourable to them.

If one or more provisions of these Terms and Conditions are at any time wholly or partially void or annulled, the remainder of the contract and these Terms and Conditions shall remain in force, and the relevant provision shall be replaced by mutual agreement with a provision that reflects the original intent as closely as possible.

Situations not covered by these Terms and Conditions shall be assessed “in the spirit” of these Terms and Conditions.

Ambiguities regarding the interpretation or content of one or more provisions of these Terms and Conditions shall likewise be interpreted “in the spirit” of these Terms and Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made under certain conditions, this shall be expressly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify or 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 a proper assessment of the offer. If the entrepreneur uses images, these are intended to be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and information in the offer are indicative and may not give rise to compensation or the right to dissolve the agreement.

Images accompanying products are truthful representations of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

Each offer includes information that clearly enables the consumer to understand the rights and obligations associated with accepting the offer. This includes, in particular:

• the price of the product or service;

• any delivery costs;

• any applicable customs duties, import taxes, clearance fees, brokerage fees, local sales taxes, handling fees or other government charges that may apply when products are shipped internationally;

• whether these customs duties, import taxes, clearance fees, brokerage fees or other charges are included at checkout or remain payable by the customer upon import, delivery or clearance;

• the manner in which the agreement will be concluded and which actions are required for this;

• whether or not the right of withdrawal applies;

• the method of payment, delivery, and performance of the contract;

• the period during which the offer may be accepted, or the period during which the entrepreneur guarantees the price;

• the rate charged for distance communication, if the costs of using the technique for distance communication differ from the standard base rate of the means of communication used;

• whether the agreement will be archived after conclusion, and if so, how it can be accessed by the consumer;

• the way in which the consumer can check and correct any data provided in connection with the agreement before the contract is concluded;

• the other languages in which the agreement may be concluded;

• the codes of conduct to which the entrepreneur has committed and how the consumer can consult these codes electronically;

• the minimum duration of the distance contract in the case of a long-term transaction.

Unless expressly included at checkout, prices shown on the website do not include customs duties, import taxes, clearance fees, brokerage fees, local sales taxes, handling fees or other government charges that may apply when products are shipped internationally.

The customer is responsible for any applicable import duties, taxes, customs charges, local sales taxes, handling fees or clearance fees charged by the destination country, state, province, territory, postal service or courier, unless otherwise required by applicable law.

Optional: available sizes, colours, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance electronically. As long as this receipt has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer is able to make electronic payments, the entrepreneur shall observe appropriate security measures.

The entrepreneur may, within the limits of the law, ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly concluding a distance contract. If, based on this investigation, the entrepreneur has valid grounds not to enter into the agreement, the entrepreneur is entitled to refuse an order or request with justification, or to attach special conditions to its execution.

The entrepreneur shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer on a durable data carrier, along with the product or service:

• the visiting address of the entrepreneur’s establishment where the consumer may submit complaints;
• the conditions under which, and the method by which, the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
• information regarding warranties and existing after-sales service;
• the information referred to in Article 4, paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
• the requirements 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 long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

Consumers may have a legal right to withdraw from their purchase within the applicable cooling-off period, depending on the country or region from which they order.

Where a legal cooling-off period applies, the consumer may notify Everley of their decision to withdraw from the agreement within 14 days after receiving the product, unless a legal exception applies.

During the cooling-off period, the consumer must handle the product and its packaging with care. The product may only be unpacked or inspected to the extent necessary to determine its nature, characteristics and functioning, in the same way the consumer would be allowed to inspect the product in a physical store.

If the consumer exercises their right of withdrawal, the product must be returned complete, unused, undamaged and, where reasonably possible, in its original packaging, together with all accessories, manuals, labels, tags and protective materials.

The consumer must notify Everley by email before returning any product. Products returned without prior written approval may not be accepted or processed.

The right of withdrawal does not apply to products that are excluded for health protection or hygiene reasons once the hygiene seal, protective packaging or original sealing has been opened, removed, broken or tampered with.

Article 7 – 60-Day Risk-Free Guarantee

In addition to any mandatory legal rights that may apply, Everley offers a voluntary 60-Day Risk-Free Guarantee on eligible products.

Unless otherwise stated on the product page, all non-hygiene-sensitive products are eligible for the 60-Day Risk-Free Guarantee, provided that they are returned within 60 days of delivery and meet the return conditions stated in these Terms and Conditions and in our Return & Refund Policy.

This voluntary guarantee allows customers to request a return within 60 days after receiving the product, provided that the product meets the return conditions stated in these Terms and Conditions and in our Return & Refund Policy.

The 60-Day Risk-Free Guarantee applies only to eligible products that are returned in an acceptable condition. The product must be complete, clean, undamaged, and returned with all accessories, manuals, labels, tags and original packaging where applicable.

The 60-Day Risk-Free Guarantee does not apply to products that cannot be returned for health protection or hygiene reasons once opened, worn, used, washed, damaged or removed from their original hygiene seal or protective packaging.

For hygiene reasons, the following products cannot be returned once they have been opened, worn, used, washed, stained, damaged, contaminated, or once the hygiene seal, protective liner, tags or original protective packaging has been opened, removed, broken or tampered with.

• underwear
• leakproof underwear
• shapewear
• shaping garments
• lingerie
• intimate apparel
• hair, beauty and personal-care products
• any product that comes into direct contact with intimate areas, skin, hair or the body and is no longer suitable for resale for hygiene reasons
• any other product that is clearly marked as hygiene-sensitive on the product page.

For footwear, returns are accepted only if the shoes have been tried on indoors and show no signs of outdoor wear, damage, odour, stains, scratches or excessive use.

For home, cleaning, magnetic therapy and massage products, returns are accepted only if the product is clean, complete, undamaged and has not been misused.

Everley reserves the right to refuse a refund under the voluntary 60-Day Risk-Free Guarantee if the returned product does not meet these conditions.

This voluntary guarantee does not affect any mandatory legal rights the consumer may have in relation to faulty, damaged, incorrectly delivered or non-conforming products.

For voluntary returns under the 60-Day Risk-Free Guarantee, the customer is responsible for the cost of return shipping, unless Everley states otherwise in writing or unless a different remedy is required by applicable consumer law.

Original shipping costs, express shipping costs, priority processing fees, customs duties, import taxes, clearance fees and other third-party charges are non-refundable, unless a refund is required by applicable consumer law.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the agreement is concluded.

Exclusion of the right of withdrawal is only possible for products:

• that have been produced by the entrepreneur according to the consumer’s specifications;
• that are clearly personal in nature;
• that, by their nature, cannot be returned;
• that can spoil or age quickly;
• whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
• single newspapers and magazines;
• audio or video recordings and computer software of which the consumer has broken the seal;
• hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

• relating to accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
• where the performance has begun with the consumer’s explicit consent before the cooling-off period has expired;
• relating to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in applicable taxes, duties, government charges, currency fluctuations, supplier costs, shipping costs or other external cost changes that are outside the entrepreneur’s reasonable control.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, currency exchange rates, supplier pricing, shipping rates, tax rules, import duties or other external factors over which the entrepreneur has no influence, at variable prices. This dependence on such fluctuations and the fact that any prices stated are indicative shall be mentioned in the offer where applicable.

Price increases after the agreement has been concluded are only permitted if they result from statutory regulations, tax changes, government charges, import duties, shipping surcharges or other external cost changes outside the entrepreneur’s reasonable control, or if the consumer has the right to cancel the agreement before the price increase takes effect.

The customer is responsible for any applicable import duties, taxes, customs charges, local sales taxes, handling fees, clearance fees or brokerage fees charged by the destination country, state, province, territory, postal service or courier, unless otherwise required by applicable law or unless these charges are expressly included at checkout.

All prices are subject to printing, typographical, technical and pricing errors. No liability shall be accepted for the consequences of such errors. In the event of an obvious pricing or typographical error, the entrepreneur is not obliged to supply the product at the incorrect price and may cancel the order and refund any amount already paid, unless applicable law provides otherwise.

Special extra clearance fees, customs duties, import taxes and/or local government charges are not included in the price and are payable by the customer, unless expressly included at checkout or unless otherwise required by applicable law.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, with the specifications stated in the offer, with reasonable standards of soundness and/or usability, and with the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects, damaged products or incorrectly delivered products should be reported to the entrepreneur as soon as reasonably possible after discovery, so that the entrepreneur can assess the issue and provide an appropriate solution. This does not limit or exclude any mandatory consumer rights that may apply under applicable consumer protection laws.

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

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by a third party;
The delivered products have been exposed to abnormal conditions, handled carelessly, or used in a manner contrary to the entrepreneur’s instructions and/or those on the packaging;
The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Nothing in these Terms and Conditions limits or excludes any mandatory consumer rights that may apply under the laws of the customer’s country, state, province or region.

Return exclusions for hygiene reasons apply only to change-of-mind returns, voluntary guarantee returns and non-faulty products. They do not apply where a product is faulty, damaged upon arrival, materially different from the product description, incorrectly delivered, or otherwise non-conforming under applicable consumer protection laws.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.

The place of delivery shall be the address that the consumer has provided to the company.

Subject to the provisions of Article 4 of these Terms and Conditions, the company shall execute accepted orders with due haste, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement at no cost and may be entitled to compensation.

In the event of dissolution pursuant to the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to make a replacement item available. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement product is being supplied. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage to 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 – Long-term Contracts: Duration, Termination and Renewal

Termination

The consumer may terminate an agreement that has been concluded for an indefinite period and which aims at the regular supply of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement that has been concluded for a fixed period and which aims at the regular supply of products (including electricity) or services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

• at any time, without being restricted to termination at a specific time or within a specific period;
• in at least the same manner as the agreement was entered into;
• always with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

An agreement concluded for a fixed period and intended for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

In deviation from the previous paragraph, an agreement for a fixed period relating to the regular supply of daily, news, or weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, provided the consumer may terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.

An agreement concluded for a fixed period and intended for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate the agreement at any time with a notice period of no more than one month, or no more than three months in the event the agreement concerns the regular, but less than monthly, supply of daily, news, or weekly newspapers and magazines.

An agreement for a limited duration relating to the regular supply of daily, news, or weekly newspapers and magazines (a trial or introductory subscription) shall not be tacitly renewed and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless termination before the end of the agreed duration is unreasonable and unfair.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as 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 a duty to promptly report any inaccuracies in the payment details provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur is entitled—subject to statutory limitations--to charge the reasonable costs that were made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement should be submitted to the entrepreneur as soon as reasonably possible after the consumer has identified the issue, fully and clearly described. This does not limit or exclude any mandatory consumer rights that may apply under applicable consumer protection laws.

Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within 14 days with a confirmation of receipt and an indication of when the consumer may expect a more detailed reply.

If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.

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

Article 15 – Disputes and Applicable Law

These Terms and Conditions are governed by the laws of Hong Kong, to the extent permitted by applicable law.

However, if the consumer resides in the United States, United Kingdom, Australia, New Zealand or Canada, the consumer may also have mandatory consumer protection rights under the laws of their country, state, province or territory. Nothing in these Terms and Conditions limits, excludes or replaces any mandatory consumer rights that cannot legally be excluded.

Before starting legal proceedings, the consumer and Everley agree to try to resolve any complaint or dispute by contacting customer service in good faith.

Your cart is empty

Cart • 0 items