Terms & Conditions
TERMS & CONDITIONS
Please carefully read these Terms and Conditions and make sure that you understand them. These These Terms and Conditions were posted on 8 February 2024 and are effective from 9 February 2024, and may be updated from time to time. Accordingly, you should check the date of the Terms and Conditions, and review any changes since the last version.
1.1.The Hula Limited (HULA) is registered in the Hong Kong Special Administrative Region of the Peoples Republic of China (Hong Kong) with company number 2210031 and has its registered office at 404-407 Berkshire House, Taikoo Place, 25 Westlands Road, Quarry Bay, Hong Kong. This also HULA's main trading address.
1.2.HULA owns and operates the website www.TheHula.com (Website) and physical retail spaces in Hong Kong at Shop C, Felicity Building, 54-58 Hollywood Road, Central (Boutique) and at 404-407 Berkshire House, Taikoo Place, 25 Westlands Road, Quarry Bay (Warehouse) (collectively “Stores“ or each a Store).
(i)Part A: Terms and conditions applicable to Sellers;
(ii)Part B: Terms and conditions applicable to Buyers; and
(iii)Part C: Terms and conditions applicable to both Sellers and Buyers.
1.4.By using or requesting to use any of the Services offered by HULA (see Clause 2 below), you confirm that you have read and understood:
(i)These Terms and Conditions, and you agree to be bound by and to comply with them; and
1.5.We recommend that you print a copy of these Terms and Conditions or save them on your computer or other device for future reference. If you have any queries regarding these Terms and Conditions, please contact us at Hello@TheHula.com.
1.6.HULA may revise and update these Terms and Conditions at any time without prior notice. Every time you engage in a Transaction (see Clause 2 below), the Terms and Conditions in force at the time of the Transaction will apply to the Transaction. Thus, please visit this page frequently to ensure that you are aware of the Terms and Conditions applicable to the Transaction.
2.1.HULA provides, through the Website, an online platform that allows registered users (collectively referred to in these Terms and Conditions as you, or User(s),) to buy and propose to buy (in which context Users are also referred to as Buyer(s)), and, upon prior approval from HULA (Clause 4.1 below), to sell and to propose to sell (in which context Users are also referred to as Seller(s)), new or pre-owned luxury clothes and goods (Product(s)). HULA offers, through the Website, the following services (Services):
(i)The listing of Sellers' Products on the Website to offer them for sale (Website Listing). Website Listing of a Product occurs as soon as it is offered for sale on the Website, and a Buyer can place an offer to purchase the Product through the Website;
(ii)HULA's Butler Service for Sellers (see Clause 3 below);
(iii)Allowing Buyers to place offers through the Website for the purchase of Sellers' Products;
(iv) Allowing Buyers to purchase Sellers' Products at a Store;
(v) Entering, on Sellers' behalf and as the Sellers agent, sale and purchase transactions with Buyers (Transaction(s));
(vi)Carrying out the Transactions;
(vii)Providing any other services offered on the Website or at a Store from time to time; and
(viii) The sale of Sellers' Products via other platforms, auctions and third-party marketplaces. If Sellers' Products are sold via channels other than via the Website or a Store, the terms and conditions applicable to Sellers (see Part A) and the terms and conditions applicable to both Sellers and Buyers (see Part C) apply between HULA and the Sellers mutatis mutandis.
2.2.Subject to what is provided in Clause 10 below, HULA reserves the right to terminate the provision of the Services to you at any time, without notice and for any reason. You acknowledge that if you fail to comply with these Terms and Conditions, HULA may remove you from the Website and/or take legal actions against you.
A.TERMS AND CONDITIONS APPLICABLE TO SELLERS
3.HULA'S CONSIGNMENT SERVICE
3.1.HULA currently offers one ‘fully-managed’ consignment service to Sellers.
3.2.Under this Service:
(i)You shall be responsible for:
(a)Ensuring that the item is clean and free from damage at the time of collection by HULA;
(b)Preparing the item for collection by HULA, including to ensure that is adequately and securely packaged;
(c)If a driver-pick up has been agreed, ensuring that the item is ready for collection at the agreed time and date. If the first attempt of collecting items from you is unsuccessful because of factors within your own sphere (e.g. no one answers the door), HULA reserves the right to charge you for collecting your items.
(d)Passing HULA only authentic designer branded items for sale.
(e)Limit your consignment to a maximum 50 items per month
(f)To adhere to HULA’s process e.g. sending images to HULA prior for their first edit and only sending
items in that have been pre-approved (unless agreed otherwise by the consignment team)
(g) Accepting the return fee of your returned consignments that;
i) have not been accepted due to condition, style or authenticity
ii)have not been sold
(h) Accept automatic reductions
if the item has been with HULA for 6 months plus as per HULA’s terms.
(j)Checking payments in their bank account, once a payment alert has been sent
(k) Allowing a minimum of 3 months from the time of listing for your items to be sold at HULA, before removal (otherwise a fee of HKD 300 will be applied for early removal) (see Clause 8.3(i)).
(ii)HULA shall be responsible for:
(a)Collecting the item from you or arranging a pick up, unless you are dropping them off at the Store or Warehouse, or you are a Non-Hong Kong Seller (see Clause 11 below);
(b)Professionally photographing the item, up to ten different angles;
(c)Determining or, if requested by you, assisting you in determining the selling price at which a Product will be listed on the Website for sale (Initial Selling Price) and whether to subsequently reduce that price;
(d)The description of a Product that will be listed on the Website for sale (Product Description);
(e)Providing extra Product exposure with additional marketing and photo shoots, where possible;
(f)Managing the sale of a Product, including communicating with the Buyer;
(g)Storing the Product safely in a temperature-controlled environment until dispatch for delivery;
(h)Delivering the Product to the Buyer. HULA will bear the costs of delivering the Product to the
Buyer, provided the delivery address is located in Hong Kong. If the Buyer's shipping address is located outside of Hong Kong, the Buyer shall bear the shipping fee (see Clause 17.1 below).
3.3.Special provisions regarding collection and delivery apply for Sellers whose address for
collecting a Product is located outside of Hong Kong (Non-Hong Kong Sellers)
(see Clause 11 below).
4.1. When submitting your proposal that HULA shall list certain items on the Website to offer them for sale on your behalf through the Website (Listing Request), please note that:
(i)Website Listing of Products is subject to verification and exclusive approval of HULA; and
(ii)All Products which HULA lists on the Website for sale, are being offered for sale and sold by HULA on behalf of the Seller. Title in a Product remains with the Seller until a Product has been sold and delivered to the Buyer (see also Clause 17.5 below).
4.1.By submitting a Product for sale with HULA, you represent and warrant to HULA and other Users that:
(i)You are over 18 years of age;
(ii)You have the legal right to make a Listing Request in accordance with these Terms and Conditions, and in particular that you are fully authorised to sell the items included in the Listing Request, whether on your own or someone else's behalf without any further permission;
(iii)The items do not violate any laws, statutes or regulations, and may be lawfully sold to others;
(iv)The items are clean, in a hygienic condition, and free from soiling;
(v)The items are free from infestations, such as insects, larvae, and other live organisms;
(vii)The items are fully authentic i.e. they are not counterfeited Products and you agree that HULA shall proceed in accordance with HULA's counterfeited items policy under Clause 13 below if HULA suspects, at any time after it has received an item from you, that the item may be counterfeited. If you are unsure whether an item is authentic, please do not include it in your Listing Request.
4.5.By submitting a Listing Request to HULA, you agree that HULA may offer and sell your Products at a Store or via any other third-party marketplaces, platforms and auctions.
5. PRE-LISTING PROCESS
5.1.Upon receipt of your Listing Request, HULA will communicate with you to determine, among other things:
(i)The items which HULA is prepared to collect or, if you are a Non-Hong Kong Seller, to receive from you, for further examination as to their eligibility for Website Listing;
(ii)Which of the items, after collection/receipt and further examination, HULA deems eligible for Website Listing as Products (Eligible Item(s)) and which it deems not eligible or otherwise unsuitable (“Rejected Item(s));
(iii)The selling price at which an Eligible Item will be listed on the Website as Product for sale (Initial Selling Price) and its proper description (Product Description) (see Clause 5.5 below);
(iv)Whether to issue a confirmation that any Eligible Item concerned has been accepted as Product for Website Listing (Listing Confirmation) or to reject any Eligible Item for Website Listing, in which case it shall be treated as Rejected Item (see Clause 5.7 below); and
5.2.When communicating with HULA during the Pre-Listing Process regarding the Initial Selling Price and Product Description of any Eligible Item:
(i)You can make proposals as to the Initial Selling Price. HULA recommends that you follow the pricing guidelines according to market-rate and do not necessarily propose a price based on the original purchase price. Once a price has been agreed by the Seller, the item(s) cannot be amended in price again, unless it has been agreed
by or requested by HULA.
(ii)You may request HULA to assist you in fixing the Initial Selling Price. If HULA considers that your proposed Initial Selling Price is too high, HULA reserves the right to propose a lower price. HULA will only process an item (i.e. photographing the Product and taking all other steps necessary to get the product ready for Website Listing) once the Initial Selling Price has been agreed between HULA and you.
(iii)HULA will provide you with a proposed Product Description and will take into account any comments you may have. Size guides provided on the Website are only general size guidelines and, as such, they may not be accurate. Sizes may vary according to original merchandisers and to the territory for which the Products are destined. Product sizes that are stated on the Website are the sizes stated on their label of the original merchandiser. Unlabelled items will be described as 'without care label' on the Website along with the relevant Product measurements. If the size label is missing, the Seller must provide the size of the Product at the time it was originally bought. All sizes and measurements are approximate.
(vi) HULA’s in-house team authenticates each item it receives. For extra assurance, HULA also works with AI partner Entrupy to provide certification for authentic bags. Any items deemed to be counterfeit will be rejected by HULA. HULA will charge the Seller an AI authentication fee of HKD 300 per item (or HKD 1000 for Hermes bags) an administrative fee of HKD 300, and any necessary expenses incurred by HULA in this process. We take our authentication seriously and may report non-authentic items to authorities or destroy the fake products, so they can no longer be circulated or sold. Please note that HULA may not return fake products to you,
at HULA’s sole discretion.
5.3.HULA shall be free to decide whether to accept or reject any Item for Website Listing at its sole and absolute discretion. Factors taken into account by HULA in making a decision in this regard include, among other things, the Product's desirability, seasonality, pricing, condition, and timing.
5.4.For return of Rejected Items and removal of items upon your request, please contact the Consignment Team to arrange. HULA will use its best endeavours to return the items to you within 7 business days, or, if you are a non-Hong Kong Seller, within 14 days from the day HULA informed you of its decision not to accept the item(s) for Website Listing or your request for HULA to return them. The Seller will bear the costs for the shipping fee for Returns. If Sellers are not responsive to HULA’s messages or do not they collect the items from HULA within the 10 business days’ timeframe, HULA will have the right to donate their pieces to Charity or charge a storage fee depending on the number and size of items and the storage period.
5.5. Return items can only be sent via courier at Seller’s cost or collected by the Seller from the Warehouse.
6.LISTING CONFIRMATION AND WEBSITE LISTING
6.1.Once the following matters have been agreed between HULA and you, HULA will send you, by email, a Listing Confirmation, confirming:
(i)HULA's acceptance of the Eligible Item as a Product for Website Listing;
(ii)The agreed Initial Selling Price.
6.2.Upon receipt of the Listing Confirmation by you:
(i)An agreement between HULA and you to offer and, as the case may be, to sell, on your behalf, a Product on the Website or on other platforms (see Clause 4.5 above), comes into existence. The agreement shall be governed by these Terms and Conditions which shall constitute the entire agreement between the Seller and HULA;
(ii)You grant HULA the exclusive right to offer any relevant item as Product for sale on the Website and/or other platforms, to advertise and promote it, and to sell it on your behalf;
(iii)You agree and confirm not to offer any Item for which you have received a Listing Confirmation for sale through any other means, whether via other online platforms, by you personally, or otherwise, unless and until HULA has confirmed your Withdrawal Request (see Clause 8 below) or otherwise agreed that the Item be returned to you; and
(iv)You acknowledge and accept that HULA does not promise or guarantee that HULA will be able to sell the Product on your behalf.
(v)You acknowledge and accept that that the copyright of the Product Description and in any photographs of the Product used to promote the sale of the Product, whether on the Website or otherwise, belongs to HULA.
6.3.Products will be listed once ready for Website Listing. HULA reserves, however, the right to postpone Website Listing of a Product in accordance with seasonal fashion trends and/or HULA's marketing strategies.
6.4.If you wish that HULA returns an Item after you have received a Listing Confirmation for that Item, the provisions of Clauses 8.2 to 8.5 below apply.
7.REDUCTION OF SELLING PRICE
7.1 If the Product is not sold within 6 months from its first Listing, it may be featured in one of our seasonal sales. HULA reserves the right to discount items every 6 months by 10%, and Chanel and Hermes items by 5%. Once the price of an item has been reduced, it remains reduced. Items may periodically go on sale under the aforementioned discount model according to table below.
|Reduction Applied Every 6 Months
|Chanel & Hermès
7.2. To avoid that any of your items will be reduced, you shall contact HULA at Sell@TheHula.com or via WhatsApp at +852 6290 2106 before expiry of the 6 months from the item’s first Listing. HULA will then decide whether to keep the item without reducing the price or return them to you.
7.3. If you notice any clerical or typographical errors, or any errors of similar nature regarding the selling price, you shall immediately inform HULA's Customer Service Representative at Sell@TheHula.com or via WhatsApp (+852 6290 2106) and request a correction of the error.
8.REMOVAL OF PRODUCTS FROM THE WEBSITE
8.1.HULA reserves the right to delist your products and return them to you any time.
8.2.If you wish that HULA returns a Product to you before it is sold, you must submit a request to HULA that the Product be removed from the Website or, prior to Website Listing, that the Product not be listed (Withdrawal Request). Your Withdrawal Request must be made by email Sell@TheHula.com or via Whatsapp (+852 6290 2106) and state the Product Code which you can find under the Product Description on the relevant Product page or in My Accounts > My Inventory, next to the Product concerned. Your Withdrawal Request becomes effective 2 business days after it is actually received by HULA. HULA will remove the Product from the Website, after HULA has processed your Withdrawal Request and ascertained that the Product remains unsold.
8.3.If HULA receives a Withdrawal Request from you:
(i) Within 3 months from the date of the Listing Confirmation, you will be charged a fee of HKD 300 per item (Withdrawal Fee) plus any other fees and costs incurred by HULA for listing the item on the Website, such as the AI authentication fee and
related expenses (see Clause 5.2(vi) above).
(ii) After expiry of 3 months from the Listing Confirmation, HULA will only charge you for the shipping fee for returning the Product to you. The shipping fee will depend on the location of your delivery address and the number of Products to be returned to
8.4.HULA will use its best endeavours to return the Product to you within 7 days business after receipt of our Withdrawal Request, provided HULA has received full payment of the Withdrawal Fee and, if applicable, shipping fee, and any other fees and charges that may be owed by you to HULA. HULA will invoice you for those fees and costs accordingly.
8.5.If a Product is to be returned to you, whether because you made a Withdrawal Request or HULA decided to remove it from the Website, or otherwise, and HULA does not receive a response from you within 14 business days from the day HULA requested you to confirm delivery of the Product to you, you shall be deemed to have abandoned the Product and HULA shall be entitled to dispose of the Product as it sees fit, including but not limited to donating it to charity or selling it in its own name on the Website or otherwise.
9.1.HULA does not charge any commission for its Fully-Managed Consignment Service during the Pre-Listing Process and for or during Website Listing.
9.2.HULA's commission for the Butler Service (see Clause 3 above) (HULA's Fee) shall be a percentage of the price at which the Product is actually sold (Final Price), unless otherwise individually agreed between you and HULA, and shall be calculated as follows:
|HK$10,000 and below
|35% (minimum of HK$300)
|HK$10,001 - HK$25,000
|HK$25,001 - HK$50,000
|HK$50,001 - HK$70,000
|HK$70,001 - HK$90,000
|Higher than HK$90,001
9.3.For fees and coststo be borne by you, if you decide to withdraw a Product from the Website beforeit has been sold, please see Clause 8 above.
10.PAYMENTS TO SELLERS
10.1.Once a Transaction is finalised and HULA has received payment for the Products from the Buyer, HULA will deduct HULA's Fee (see Clause 9 above), other applicable charges from the Final Price (Proceeds). Payment of the Proceeds to you will be made directly by HULA.
10.2.HULA will notify you of any sold Products on the 10th day of every month (or the next business day if the 10th day is not a business day), provided that HULA has received full payment from the Buyer by then and the time period for the Buyer to submitting a Return Request has expired (see Clause 18.2 below).
10.3. Sellers can choose to receive HULA credit in lieu of payment at a value of the payment amount for the relevant month plus 10% (which is valid for 12 months from date of issuance). To exercise this option, the Seller must submit to HULA, by the 25th day of the relevant month, a completed form that HULA will provide to the Seller together with the notification under Clause 10.2. The voucher can be used to buy (i) Products, either through the Website or directly at HULA's Store or Warehouse, or (ii) one more HULA gift cards.
10.4 HULA will authorise payments of the Proceed to Sellers on the end of the month (following the Items Sold email). HULA will only authorise payment if:
(i) HULA has received payment from the Buyer;
(ii) The Buyer has not confirmed by the last day of the previous month to be unsatisfied with the Product;
(iii) HULA has notified the Seller, on the 10th day of that month, the details of the payments it expects to receive;
(iv) The Seller has not chosen to receive a voucher in lieu of payment (see Clause 10.3 above); and
(v) HULA has received by the 25th day of that month all bank account details it requires to be able to make payment. If HULA does not receive the bank account details by the 25th day of that month, payment will be deferred to the end of the subsequent month.
10.5 Local payments to any bank account in Hong Kong will be made directly to the bank account. For international payments to a bank account outside Hong Kong, HULA shall deduct a fee of HKD 250 from the selling price in addition to HULA's Fee. HULA shall not
pay for any additional bank charges you may incur for international bank transfers. For handwritten cheques a charge of HKD 50 will be educted.
10.6 If within 6 months from HULA's notification under Clause 10.2, HULA has not received all bank
account details it requires to be able to make payment to the Seller, the amount payable shall be converted into a HULA credit which can be used to buy (i) Products, either through the Website or directly at HULA's warehouse, or (ii) one or more HULA gift cards.
11.NON-HONG KONG SELLERS
11.1.If you are a Non-Hong Kong Seller (see Clause 3.3 above), you shall be responsible for delivery of the Product to HULA, at your own cost, after HULA has notified you which items it HULA is prepared to receive from you for further examination as to their eligibility for Website Listing.
11.2.For fees and costs to be borne by a Non-Hong Seller who decides to withdraw a Product from the Website before it has been sold, see Clause 8 above shall apply.
11.3.For payments to Sellers with a bank account outside of Hong Kong, see Clause 10.4 above.
12.1.If your Products are stored at HULA's premises, your Products are covered by insurance against loss and or damage during the time of storage. If a Product is lost or damaged during the time it is stored at HULA's premises, HULA will fully reimburse you for the Product's actual listing price at the time the loss or damage occurred.
12.2.Once a Product has been bought by a Buyer and handed over by HULA to the courier for shipping to the Buyer, the courier alone will be liable for any loss or damage to the Product and HULA shall not be liable, whether jointly or severally, for any loss or damage. If the Product is lost or damaged during shipment, HULA will liaise with the courier to negotiate on your behalf, the most favourable reimbursement. This Clause 12.2 shall not apply if shipping of the Product to the Buyer was arranged by you.
13.1.HULA is committed to its anti-counterfeit policy set out in this Clause 13.
13.2.HULA will only accept authentic new or pre-owned luxury goods for Website Listing and will use its best endeavours to prevent Website Listing of fake or counterfeited merchandise of any kind.
13.3.By submitting a Listing Request, you agree that HULA shall be entitled to inspect, analyse, and examine any Products received from you. If HULA suspects, at any time after it has received a Product from you, that the Product may be counterfeited, HULA shall be further entitled to request you to provide proof of purchase of the Product. If HULA is still not satisfied that the Product is authentic, HULA may bring the Product to external authenticators, experts in their field, for final assessments. HULA’s in-house team authenticates each item it receives. For extra assurance, HULA also works with AI partner Entrupy to provide certification for authentic bags.
13.4.If the Product is found to be counterfeited or its authenticity remains uncertain:
(i)HULA will reject Website Listing of the Product concerned or immediately withdraw it from the Website, if HULA finds out about it only after Website Listing.
(ii)HULA shall have the right to suspend or terminate your User Account, in its sole and absolute discretion, at any time and without notice.
(iv)HULA shall have the right to inform your Invitees and the owners of the trade mark concerned.
(v)HULA shall not refund any costs incurred by you, whether shipping fees or other costs. HULA will charge the Seller an AI authentication fee of HKD 300 per item (or HKD 1000 for Hermes bags) an administrative fee of HKD 300, and any necessary expenses incurred by HULA in this process.
13.5.If, after a Product has been sold, the Product is found to be counterfeited or, upon a complaint by the Buyer, its authenticity cannot be ascertained, you agree that HULA shall proceed in accordance with its Return and Refund Policy (see Clause 18 below) and you shall be liable to repay to HULA in full, within 7 business days from notification by HULA that the Product's authenticity could not be ascertained, the Proceeds you received for the sale of the Product concerned.
14.TERMINATION OF SELLER'S USER ACCOUNT
14.1.You may terminate your User Account at any time by written notice to HULA at Sell@TheHula.com.
14.2.However, if at the time you terminate your User Account:
(i)There are any Products listed on the Website by you, the provisions of Clause 8 above shall apply.
(ii)HULA owes you any payments for sold Products, your account will only be closed after you those payments have been settled.
14.3.HULA reserves the right, at any time, in its sole and absolute discretion, without notice, and temporarily or permanently, to close the User Account of any Seller who:
(i)Requests, or procures, or attempts to procure, HULA to list counterfeited Products.
(ii)Repeatedly withdraws Products from the Website which are still subject to the Withdrawal Fee (see Clause 8.3 above).
B.TERMS AND CONDITIONS APPLICABLE TO BUYERS
15.1.The Website's shopping pages and Frequently Asked Questions (FAQ) are intended to guide you through the steps you need to take to place an order on the Website. The order process allows you to check and amend any errors or make any changes before submitting you order to the Website. You should always take the necessary time to read and check your order at each step of the order process and in particular before placing it.
15.2.All Products are offered for sale on the Website, sold on an “as is” basis and can be returned. All products offered for sale at a Store are sold on an “as is “basis and cannot be returned.
15.3.All Products are sold strictly on a first come first served basis. This means that a Product will appear available on the Website until a Buyer has actually placed an order for that Product and irrespective of whether another Buyer has added that Product to that Buyer's shopping basket. Please note that if you log-out from your User Account, any items will be removed from your shopping basket.
15.4.After the order is placed on the Website, you will receive an email from HULA acknowledging receipt of the order. Please note that this does not mean that the order has been accepted by HULA. HULA will confirm to you by separate emails that HULA has:
(i)Accepted your order (Order Confirmation); and
(ii)Dispatched the Product ordered by you (Shipping Confirmation).
15.5. If a Product you attempt to purchase is actually purchased at a Store before you have received an email that HULA has accepted your order, HULA will email you and refund you for that Product. If HULA is, for any other reason, unable to process the order or to ship the Product to you, HULA will inform you by email in which case the Order Confirmation is deemed cancelled. This includes the event that a Product is lost during shipment to you (for lost Products during shipment, see Clause 17 below). If you have already paid for a Product for which the Order Confirmation has to be cancelled, HULA will use its best endeavours to refund the payment to you within 7 business days.
16.PAYMENT BY BUYERS
16.1.The selling prices of the Products are those listed on the Website, except in cases of obvious clerical or typographical errors, or any errors of similar nature. error (e.g. typos). If you notice any such errors, please inform immediately HULA's Customer Service Representative at Hello@theHula.com or via Whatsapp (+852 6290 2106).
16.2.Payment for the Products must be made by credit card, via Shop Pay (see also Clause 20 below).
16.3.HULA will not issue dispatch any Products ordered by you until payment has been authorised by Braintree or any other relevant credit card merchant, as the case may be.
17.SHIPMENT AND DELIVERY
17.1.If your shipping address is:
(i)In Hong Kong (Hong Kong Buyers), shipping is free of charge for purchases over HKD 2,500; otherwise, shipping fees are to be borne by you.
(ii)Outside Hong Kong (Non-Hong Kong Buyers), shipping fees are to be borne by you. The shipping fees will depend on the shipping address, package size, and the delivery service selected by you.
17.2.HULA will use its best endeavours to deliver, but does not guarantee that it will deliver Products to Hong Kong Buyers within 2-4 business days from issuance of the Shipping Confirmation which will indicate the envisaged delivery date. If you are a Non-Hong Kong Buyers, longer shipment periods apply and these may vary.
17.3.HULA uses trusted couriers to deliver the Products. If a Product is not delivered by the delivery date in the Shipping Confirmation, please contact HULA at Orders@thehula.com. If your shipment is lost, HULA will liaise with the courier to help track your parcel. If the item is declared lost indefinitely, the provisions of Clause 15.5 above shall apply).
17.4.You are responsible for ensuring that the Product can be delivered at the address provided by you when placing your order. If the first attempt of delivery to you is unsuccessful because of factors within your own sphere (e.g. no one answers the door), you shall be liable for any additional costs incurred for each additional delivery attempt.
17.5.Title and risk of loss will pass to you on delivery of the Products to you. A Product is deemed to be delivered to you when you sign for delivery of the Product.
18.RETURNS AND REFUNDS POLICY
18.1.Your rights in relation to requests for returning or relisting a Product depend on whether the Product was purchased from the Website or physically at a Store or a Pop-up. Refunds for any items which have been purchased physically are excluded, but items can
be relisted at HULA’s sole discretion.
18.2.For online orders, a request for return and a refund (Return Request) or relisting (Relisting Request) of a Product must clearly identify the Product you wish to return or relist, and must be made within 48 hours from signing for delivery of the Product by making a return via the Returns portal on the Website. HULA does not offer free returns and shipping costs for returns must be borne by you.
18.3.Upon receipt of a Return Request or Relisting Request from you, HULA will examine the request and, if HULA concludes, that the Product concerned may be returned or relisted, send you a notification requesting you to return the Product to HULA within 5
business days or, if you are a non-Hong Kong Buyer, 10 business days from the date of the notification.
18.4.HULA will only further consider and process a Return Request or Relisting Request if:
(i)The Product is returned with the designated Refund Form and any original wrapping, boxes or other packaging, within 5 business days or, if you are a non-Hong Kong Buyer, 10 business days from the date of the notification requesting you to return the Product to HULA.
(ii)The Product is returned in the same condition in which it was dispatched to you, and if the Product is shoes, that the shoes have not been worn;
(iii)HULA's tags are still attached to the Product and have not been altered or temporarily removed from the Product.
18.5.If you are entitled to a refund, HULA will use its best endeavours to arrange for the refund via Shop Pay within 14 business days. For payment of shipping fees, please see Clause 21.1 below).
Returns of Refundable Products
18.6.If you bought a Refundable Product, you may request a refund if:
(i)HULA receives your Return Request in accordance with Clause 18.2 above; and
(ii)The Product is returned to HULA in accordance with Clause 18.4 above.
18.7.Once ready, HULA will relist the Product on the Website at the original price paid by you for it, or at a lower price if you choose to reduce price. If you may withdraw a relisted Product from the Website before it is sold in accordance with the
withdrawal provisions applicable to Sellers under Clause 8 above.
18.8.If the relisted Product is sold, HULA will not charge you any commission and for shipping of the relisted Product to the Buyer.
18.9.Unless you have been approved as a Seller, you shall not be permitted to submit Listing Requests for other Products, nor shall you become entitled to invite Invitees as Sellers or sell any other Product.
19.TERMINATION OF BUYER'S USER ACCOUNT
19.1.You may terminate your User Account at any time, unless there are any Transactions pending or any payments from you to HULA remain outstanding. To close your account, please email Hello@thehula.com.
C.TERMS AND CONDITIONS APPLICABLE TO BUYERS AND SELLERS
20.PROCESSING OF PAYMENTS
20.1.All payments made by you for the use of the Services are processed by HULA via Shop Pay or any other payment methods indicated on the Website from time to time. HULA will be the merchant of record. All credit card holders are subject to validation, checks and authorisation by the card issuer or Shop Pay. If the issuer of your payment card refuses to authorise payment to HULA, HULA will not be liable to you for any delay or non-provision of the Services.
20.2.The normal processing time for each payment is 7 to 30 business days after all requirements for making payment have been met.
21.1.HULA pays for shipment of Products except for:
(i)Shipments to HULA during the Pre-Listing Process from Non-Hong Kong Sellers;
(ii)Shipments to non-Hong Kong Buyers (see Clause 17 above);
(iii)Shipment of Products being returned to HULA, whether for claiming a refund or requesting relisting, except for shipments of Products being returned by the Buyer if the Products are counterfeited (see Clause 18 above).
21.2.Shipping fees are stated clearly at check out and in the Frequently Asked Questions (FAQ) section. Applicable shipping fees may change from time to time without any notice.
22.TAXES AND OTHER CHARGES
22.1.Once the Product is sold, Seller and Buyer shall be responsible to determine whether import duties, taxes, levies or other charges are applicable to their Transaction.
22.2.HULA shall not be liable for non-compliance or breaches by Users of the applicable laws, statutes, or regulations of the country where to which a Product is destined and/or delivered.
22.3.HULA will not grant any refund for Products that cannot be delivery to a Buyer because import duties, taxes, levies or other charges remain unpaid.
23.EVENTS OUTSIDE HULA'S CONTROL
23.1.HULA will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Transaction that is caused by an Event Outside HULA's Control, as defined in Clause 23.2 below.
23.2.An 'Event Outside HULA's Control' means any act or event beyond HULA's reasonable control including, but not limited to, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
23.3.If an Event Outside HULA's Control takes place that affects the performance of any of HULA's obligations towards you:
(i)HULA will contact you as soon as reasonably possible to notify you of the occurrence of the Event Outside HULA's Control; and
(ii)HULA's obligations under a Transaction will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside HULA's Control. Where the Event Outside HULA's Control affects HULA's delivery or return of Products to you, HULA will arrange a new delivery date with you after the Event Outside HULA's Control is over.
23.4.A Buyer may cancel a Transaction affected by an Event Outside HULA's Control which has continued for more than 30 days. To cancel the Transaction in such circumstances, the Buyer shall notify HULA. If the Buyer opts to cancel, the Buyer will have to return, at the Buyer's own cost, any relevant Products the Buyer has already received and refund the purchase price, if already.
24.GOVERNING LAW AND DISPUTE RESOLUTION
24.1.The construction, validity and performance of HULA's Transaction Policy together with all our policies and procedures and all non-contractual obligations (if any) arising therefrom or connected therewith shall be governed by Hong Kong law.
25.NOTICES AND WRITTEN COMMUNICATIONS
25.1.Any notice to HULA must be in writing and, unless indicated otherwise in these Terms and Conditions, sent by email to Hello@theHula.com. Any notice or other written communication from HULA to you shall be deemed to be received by you if sent to the email address you have provided in your User Account or any other email address you have provided to HULA.
25.2.Any such notice or written communication shall be deemed to be received by you 24 hours after the email is sent, whereby the date shall be determined according to the local time at the place of receipt.
26.BUSINESS DAYS AND TIME PERIODS
26.1.Where the “business day” is used in these Terms and Conditions, it shall mean any day except Saturday, Sunday, and public holiday in Hong Kong.
26.2.If a deadline would fall on a day that is not a business day, then the deadline shall fall on the following business day.
26.3.In these Terms and Conditions a “month” means a period of time beginning on the day of the relevant event and ending at the end of the day with the corresponding date in the following month (e.g. 13 February to 13 March).
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