General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may make use of the voluntary return policy offered by the entrepreneur;
Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services where the supply or purchase obligations are spread over time;
Durable data carrier: any medium that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information;
Voluntary return right: the option for the consumer to return a product within the cooling-off period in accordance with the entrepreneur’s return policy;
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 a system organized by the entrepreneur for selling products and/or services at a distance, using one or more techniques for remote communication exclusively up to the conclusion of the agreement;
Technique for remote communication: a means that may be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company name : Kelowna Fashion
Business Registration Number : 98927493
Trade name: KNN Ecom
GST/HST Number :
Customer service email: info@kelownafashion.com
Business address : Vlaardingen, The Netherlands
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will provide information on how the terms can be accessed and that they will be sent free of charge upon request.
If the contract is concluded electronically, the general terms and conditions may be provided to the consumer in electronic form in such a way that they can be stored on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate where the terms can be accessed electronically and that they will be sent free of charge upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the consumer may rely on the provision that is most favorable to them in case of conflict.
If any provision of these general terms and conditions is void or annulled, the remaining provisions will remain in force and the parties will replace the invalid provision with one that approximates the original intent as closely as possible.
Situations not covered by these terms must be interpreted according to their spirit.
Ambiguities must also be interpreted according to the spirit of these terms.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur may change or adjust the offer at any time.
The offer contains a clear and accurate description of the products and/or services offered. If images are used, they are intended to be a truthful representation of the product, although actual colors may vary due to lighting or screen settings.
All images and product data are indicative and cannot serve as grounds for compensation or termination of the agreement.
Each offer includes sufficient information for the consumer to understand the rights and obligations associated with accepting the offer, including:
– the price (excluding duties, import taxes and customs clearance fees when applicable);
– any shipping costs;
– the manner in which the agreement will be concluded and required steps;
– whether the voluntary return policy applies;
– the method of payment, delivery and performance;
– the period during which the offer remains valid;
– the communication costs if deviating from standard rates;
– whether the agreement will be archived and accessible;
– how the consumer can verify or correct provided information;
– any additional languages available;
– codes of conduct the entrepreneur adheres to;
– the minimum duration of duration transactions;
Optional: available sizes, colors, materials.
Article 5 – The Agreement
The agreement is concluded once the consumer accepts the offer and meets the associated conditions.
If the consumer accepts the offer electronically, the entrepreneur will confirm receipt electronically. Until this confirmation is received, the consumer may cancel the order.
The entrepreneur will implement appropriate technical and organizational measures to secure electronic data transfer. If electronic payment is possible, appropriate security measures will be taken.
The entrepreneur may verify whether the consumer can meet their payment obligations and assess all factors relevant to responsibly concluding a distance contract. If there are valid reasons, the entrepreneur may refuse an order or attach special conditions to execution.
The entrepreneur will provide the consumer with the following information with the product or service, in writing or electronically:
– the business address where complaints may be submitted;
– the conditions for using the voluntary return policy;
– information on warranties and post-purchase services;
– information required under Article 4 paragraph 3, unless already provided;
– termination conditions for duration-based agreements.
For duration transactions, this applies only to the first delivery.
Each agreement is entered into subject to sufficient product availability.
Article 6 – Voluntary Return Right
The entrepreneur offers consumers a 30-day voluntary return period. This is not a statutory right but a policy provided by the entrepreneur.
The 30-day period begins on the day after the consumer or their designated representative receives the product.
During this period, the consumer must handle the product and packaging with care. The consumer may only unpack or use the product as necessary to determine whether they wish to keep it.
If the consumer wishes to return the product, they must notify the entrepreneur in writing or by email within 30 days. After notification, the consumer must return the product within 30 days.
The consumer must provide proof of return shipment (e.g., tracking).
Returns may need to be sent directly to the supplier in China, depending on fulfillment requirements.
If the consumer does not notify the entrepreneur within the 30-day period or does not return the product, the purchase becomes final.
Article 7 – Costs in Case of Return
If the consumer uses the voluntary return policy, the cost of returning the product is fully at the consumer’s expense, including international return shipping (e.g., to China if the supplier requires it).
If the consumer has paid an amount, the entrepreneur will refund it as soon as possible but no later than 30 days after receiving the returned product or receiving proof of return shipment.
Article 8 – Exclusions from Return Policy
The entrepreneur may exclude products from the voluntary return policy if clearly stated in the offer.
Exclusions apply to products:
– made according to the consumer’s specifications;
– clearly personal in nature;
– that cannot be returned due to their nature;
– that may spoil or deteriorate quickly;
– subject to market price fluctuations outside the entrepreneur’s control;
– newspapers and magazines;
– audio/video recordings or software with broken seals;
– hygienic products with broken seals.
Services may also be excluded when:
– they relate to accommodation, transport, catering or leisure activities on a specific date;
– performance began with the consumer’s explicit consent before the cooling-off period ended;
– they concern betting or lotteries.
Article 9 – The Price
Unless otherwise stated, prices will not be increased during the validity period of the offer, except for changes resulting from tax adjustments.
Prices may vary for products tied to international market fluctuations outside the entrepreneur’s control.
Price increases after conclusion of the contract are permitted only if:
– required by law, or
– the consumer is allowed to cancel the contract as of the effective date of the increase.
For international orders shipped to Canada, consumers may be required to pay GST/HST and/or provincial taxes, as well as customs duties and clearance fees, upon import. These charges are collected by the courier or postal service and are not included in product prices.
All prices are subject to typographical and system errors. The entrepreneur is not obliged to supply products at an incorrect price due to such errors.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and reasonable standards of quality and usability under Canadian consumer protection laws.
Any defects or incorrectly delivered products must be reported to the entrepreneur within 30 days of delivery. Returned goods must be unused, in original packaging, and in new condition.
Warranty periods correspond to the manufacturer’s warranty.
The entrepreneur is not responsible for suitability for specific uses or for advice given regarding product use.
Warranty does not apply if:
– the consumer or third parties repaired or modified the product;
– the product was used improperly or exposed to abnormal conditions;
– the defect is caused by regulatory requirements affecting the materials used.
Article 11 – Delivery and Performance
The entrepreneur will handle orders with the highest level of care.
The place of delivery is the address provided by the consumer.
Orders will be processed as quickly as possible and within 30 days unless a longer delivery time was agreed. If delays occur, the consumer will be notified within 30 days and may cancel the order without cost.
Upon cancellation, payments will be refunded within 30 days.
If an ordered product is unavailable, a replacement may be offered. If a replacement is provided, the consumer retains the right to return it.
Risk of loss or damage transfers to the consumer once the shipment is delivered to the consumer or their representative.
Article 12 – Duration Transactions: Termination and Renewal
Termination
The consumer may terminate agreements for indefinite periods at any time, with a notice period of no more than one month.
For fixed-term agreements, the consumer may terminate at the end of the agreed period, with no more than one month’s notice.
Termination must be possible in the same manner as the agreement was entered.
Renewal
Fixed-term agreements for product or service delivery may not be automatically renewed for additional fixed terms unless clearly stated and allowed under applicable provincial consumer protection laws.
Trial subscriptions for newspapers or magazines end automatically unless specified otherwise.
Duration
Contracts lasting more than one year may be terminated by the consumer after one year with a notice period of no more than one month unless fairness dictates otherwise.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period begins.
The consumer must notify the entrepreneur immediately of any incorrect payment information.
In case of non-payment, the entrepreneur may charge reasonable pre-disclosed fees.
Article 14 – Complaints Procedure
Complaints must be submitted within 7 days after the consumer discovers the issue, clearly described and in writing.
Complaints will be responded to within 30 days. If more time is needed, the entrepreneur will provide an updated timeline.
A complaint does not suspend the entrepreneur’s obligations unless stated otherwise.
If a complaint is justified, the entrepreneur will repair or replace the product free of charge.
Article 15 – Disputes
These general terms and conditions and any agreements between the entrepreneur and the consumer are governed exclusively by the laws of the province of [your province], Canada, and applicable federal Canadian law.