Terms & Conditions
Please carefully read these Terms and Conditions and make sure that you understand them. These Terms and Conditions were posted on 25 July 2016, 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 Unit 1101, 11th Floor, Kai Wong Commercial Building, 222 Queens Road Central, Central, Hong Kong. This also HULA's main trading address.
1.2.HULA owns and operates the website www.TheHula.com (the Website).
(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, or Users) to buy and propose to buy (in which context Users are also referred to as Buyer or Buyers), 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 or Sellers), new or pre-owned luxury clothes and goods (Product or Products). 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 order to purchase that 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)Entering, on Sellers' behalf and as the Sellers agent, sale and purchase transactions with Buyers (Transaction or Transactions);
(v)Carrying out the Transactions;
(vi)Allowing Seller and Buyers to donate to partnered charities;
(vii)Allowing Seller and Buyers to use the Website's message board and social networking; and
(viii)Providing any other services offered on the Website from time to time.
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 BUTLER SERVICE
3.1.HULA currently offers one service to Sellers, known as the "Butler" Service.
3.2.Under the Butler Service:
(i)You shall be responsible for:
(a)Ensuring that the item is cleaned prior to collection by HULA, unless you would like HULA to assist you with dry cleaning at an extra charge; and
(b)Preparing the item for collection by HULA, including to ensure that is adequately and securely packaged;
(c)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.
(ii)HULA shall be responsible for:
(a)Collecting the item from you, unless you are a Non-Hong Kong Seller (see Clause 11 below);
(b)Dry cleaning the item, if requested by you, at an extra cost to be determined on a case by case basis. HULA accepts no liability for any damage suffered during dry cleaning (e.g. shrinkage or colour loss);
(c)Steaming or pressing the item, if required, prior to photographing it;
(d)Professionally photographing the item, up to eight different angles;
(e)Selecting two photographs of the item to be used as the main display photographs on the Website;
(f)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;
(g)The description of a Product that will be listed on the Website for sale ("Product Description");
(h)Website Listing of a Product;
(i)Providing extra Product exposure with additional marketing and photo shoots, where possible;
(j)Managing the sale of a Product, including communicating with the Buyer;
(k)Storing the Product safely in a temperature-controlled environment until dispatch for delivery;
(l)Supplying packaging, where necessary, for the Product's delivery to the Buyer; and
(m)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.Only Users who have been pre-approved by HULA can be Sellers. Please visit the Frequently Asked Questions (FAQ) section for details of:
(i)The pre-approval process for Sellers; and
(ii)The process of selecting and getting Products approved for Website Listing ("Pre-Listing Process").
4.2.The Pre-Listing Process commences upon receipt by HULA of your proposal that HULA shall list certain items on the Website to offer them for sale on your behalf through the Website ("Listing Request").
4.3.Please note that:
(ii)HULA only accepts items for entering the Pre-Listing Process and Website Listing from brands that are included in HULA's Brand List. HULA may change the Brand List at any time and without notice;
(iii)Website Listing of Products is subject to verification and exclusive approval of HULA; and
(iv)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).
4.4.By submitting a Listing Request to 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.
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" or " Eligible Items") and which it deems not eligible or otherwise unsuitable ("Rejected Item" or "Rejected Items");
(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
(v)Whether you wish to make a donation to any of HULA's Partnered Charities if the Product is sold.
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, however, that you follow the pricing guidelines provided by HULA in the Frequently Asked Questions (FAQ) section.
(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. Unlabeled 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.
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, pricing, condition, and timing.
5.4.HULA will use its best endeavours to return Rejected Items to you within 7 business days, or, if you are a non-Hong Kong Seller, within 14 business days from the day HULA informed you of its decision not to accept the Item for Website Listing. HULA will pay the shipping fee for returning Rejected Items to you, unless you are a Non-Hong Kong Seller in which case you shall be responsible for the shipping fee. HULA will only dispatch a Rejected Items to non-Hong Kong Sellers, after HULA has received payment of the shipping fee.
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; and
(iii)The percentage of the selling price will be donated to any of HULA's Partnered Charities, if you have chosen to make such donation.
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, 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, 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.Once a Product is listed on the Website, you can only reduce the selling price, but not increase it. You can reduce the selling price by emailing a request to HULA at Butler@TheHula.com, stating your Product Code which you can find either under the Product Description on the relevant Product page or in My Accounts > My Sales, next to the Product concerned. If the selling price of a Product is reduced after Website Listing, the new price will be displayed on the Website together with the original price crossed out. A Product for which the selling price has been reduced will be added invariably to the "Further Reduced" section of the Website. Once a Product's selling price is reduced, you cannot reinstate the original price or otherwise increase the selling price. Any Product listed in the 'Further Reduced' section will be sold at the reduced selling price.
7.2.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 Butler@TheHula.com and request a correction of the error.
8.REMOVAL OF PRODUCTS FROM THE WEBSITE
8.1.If the Product is not sold within:
(i)30 days from the date of Website Listing, HULA may, but does not have to, contact you and suggest reducing the selling price. HULA may only reduce the price if you agree.
(ii)3-6 months from the date of Website Listing, HULA shall be entitled to remove it from the Website at its sole discretion.
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 to Butler@TheHula.com and state the Product Code which you can find under the Product Description on the relevant Product page or in My Accounts > My Sales, 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 6 months from the date of the Listing Confirmation, you will be charged a fee of HK$500 per item ("Withdrawal Fee") which includes the shipping fee for returning the Product to you, unless you are a Non-Hong Kong Seller in which case the shipping fee will depend on the location of your delivery address and the number of Products to be returned to you.
(ii)After expiry of 6 months from the Listing Confirmation (or from 3 months if HULA decides to withdraw it sooner), 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 you.
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 20 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 Butler 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 35% of the price at which the Product is actually sold ("Final Price"), unless otherwise individually agreed between you and HULA. A reduced fee of 28% will apply for Sellers who choose to donate 100% of their proceeds to charity (see Clause 23.2 below).
9.3.For fees and costs to be borne by you, if you decide to withdraw a Product from the Website before it 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, and any donations to partnered charities (see Clause 23 below) 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, 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.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; and
(ii)HULA has notified the Seller, on the 10th day of that month, the details of the payments it expects to receive.
10.4.The Seller has passed HULA their account details to be able to make payment. 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 HK$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.
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.
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.
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.
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 and sold on an "as is" basis.
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, 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 HULA is, for any 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.
16.2.Payment for the Products must be made by credit card, via Braintree (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 of purchased Products is free of charge.
(ii)Outside Hong Kong ("Non-Hong Kong Buyers"), you shall bear the shipping fee for purchased Products. The shipping fee 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 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. Buyers may also allow 1-2 days for processing if required.
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 Hello@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 requesting to return or relist a Product depend on whether the Product's description page on the Website indicates that it is refundable ("Refundable Product") or non-refundable ("Non-refundable Product").
18.2.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 be made within 48 hours from signing for delivery of the Product, either via My Account > My Inventory > My Purchases, or by email to Returns@theHula.com.
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 Braintree within 21 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.
Relisting of Non-refundable Products
18.7.If you bought a Non-refundable Product, you may relist the Product on the Website for resale at an extra charge of HK$300 per Product, provided that:
(i)HULA receives your Relisting Request in accordance with Clause 18.2 above; and
(ii)The Product is returned to HULA in accordance with Clause 18.4 above.
18.8.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.
18.9.If the relisted Product is sold, HULA will not charge you any commission and for shipping of the relisted Product to the Buyer.
18.10.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.
Justified returns of Non-refundable Products
18.11.If you bought a Non-refundable Product, you may nevertheless request a refund if you claim:
(i)The Product has a material fault that has not been disclosed on the Website;
(ii)The Product significantly differs from the image or description on the Website;
(iii)The Product is not of the size stated on the Website; or
(iv)The Product is not fully authentic, i.e. it is counterfeited.
18.12.HULA will grant a full refund, if:
(i)HULA receives your Return Request in accordance with Clause 18.2 above, or within 48 hours from your discovery that the Product is counterfeited; and
(ii)The Product is returned to HULA in accordance with Clause 18.4 above; and
(iii)HULA is satisfied, to its sole and absolute discretion, that your claim is valid.
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 you any payments from you to HULA remain outstanding.
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 Braintree 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 Braintree. 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.
23.1.HULA reserves the right to donate 5% of its net profits to any of its Partnered Charities. HULA will use its best endeavours to pay the charities approximately every 6 months.
23.2.Sellers may choose to donate to any of HULA's Partnered Charities before HULA issues a Listing Confirmation. The donation amount will be deducted from the Net Selling Price which Sellers will receive for the sale of their Product(s). For sellers who choose to donate 100% of their proceeds to charity, HULA's Fee will be reduced 35% to 28% (see also Clause 9.2 above).
23.3.Buyers may choose to donate to any of HULA's Partnered Charities at check out when placing an order for a Product. The donation amount shall be added to the purchase price and such donation shall be non-refundable.
23.4.HULA reserves the right to change or remove any of its Partnered Charities without notice. If HULA is no longer partnered with a specific charity you have chosen to donate to, HULA will send you a notice to allow you to change the choice of your charity. If you do not wish to amend your choice, you may cancel your donation and you will not be charged for it when the Product is sold.
23.5.If you require a receipt for your donation, HULA will pass your request to the relevant charity. However, you may be able to obtain a receipt only after the charity has received the donated amounts.
24.EVENTS OUTSIDE HULA'S CONTROL
24.1.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 24.2 below.
24.2.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.
24.3.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.
24.4.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.
25.GOVERNING LAW AND DISPUTE RESOLUTION
25.1.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.
26.NOTICES AND WRITTEN COMMUNICATIONS
26.1.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.
26.2.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.
27.BUSINESS DAYS AND TIME PERIODS
27.1.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.
27.2.If a deadline would fall on a day that is not a business day, then the deadline shall fall on the following business day.
27.3.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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