Terms and Conditions
Last Updated: May 2026
Welcome to Kspire Lavishable (“we,” “us,” or “our”). These Terms and Conditions govern all purchases made on our website. Please read them carefully before placing an order. By placing an order, you agree to be bound by these Terms.
Language Prevalence: This document is drafted in English. If this document is translated into any other language, the English version shall prevail and take precedence in the event of any contradictions, ambiguities, or discrepancies.
1. Scope and Applicability
- Global Application: These Terms apply to all users purchasing goods from our e-shop.
- Country-Specific Variations: Sections marked [EU – Germany & Austria Only] or [Hong Kong Only] apply exclusively to customers residing in those respective jurisdictions and override general terms in the event of a conflict.
2. Formation of Contract
Product Displays: The presentation of products in our online shop does not constitute a legally binding offer; it is an invitation to treat.
Order Placement: By clicking the final order button, you submit a binding offer to purchase the goods in your cart.
Order Confirmation: You will receive an automated email acknowledging receipt of your order. This email does not constitute acceptance of your offer. The contract is only formed when we ship the goods or send a separate, explicit shipping confirmation email.
[EU – Germany & Austria Only]: Pursuant to EU Consumer Rights Directives, the final checkout button is explicitly labeled “Order with obligation to pay” (or “Zahlungspflichtig bestellen”). Clicking this button forms your binding payment obligation.
3. Prices and Payment
Currency: All transactions will be processed in the currency indicated at checkout (typically EUR for Germany/Austria and HKD for Hong Kong).
Taxes and Duties:
Germany & Austria: Prices displayed are inclusive of statutory Value Added Tax (VAT).
Hong Kong: Prices are clear of VAT as Hong Kong does not levy a sales tax.
Cross-Border Duties: If we ship to your country from an external hub, you are responsible for any applicable import customs duties and clearance fees unless otherwise stated at checkout.
4. Delivery, Shipping, and International Customs
Delivery Windows: Delivery times specified on the website are estimates. Local Hong Kong orders are typically delivered within 2–4 business days. International orders destined for Europe (Germany & Austria) take approximately 7–14 business days.
Default Delivery: Unless a specific timeline is explicitly agreed upon, the maximum delivery window is 30 days. If we fail to deliver within this window, you have the right to cancel the contract for a full refund.
Risk of Loss: For consumers, the risk of loss or damage to the goods passes to you only when you (or a third party designated by you) take physical possession of the items.
International Customs & Import Taxes [EU – Germany & Austria Only]: All international shipments entering the European Union are subject to local Import VAT and customs clearance handling fees as regulated by EU customs authorities. Kspire Lavishable ships all EU orders “Delivered At Place” (DAP / DDU). Any import VAT, local customs handling charges, or administrative carrier fees applied at the European border are the sole responsibility of the recipient/customer and must be paid by the customer upon delivery to release the package.
5. Right of Withdrawal (Returns & Hygiene Exemptions)
[EU – Germany & Austria Only]
As a consumer residing in the EU, you have a statutory right to withdraw from this contract within 14 days without giving any reason.
Withdrawal Period: The withdrawal period expires 14 days from the day on which you, or a third party indicated by you (other than the carrier), acquire physical possession of the last good in your order.
The Withdrawal Button: In compliance with EU Directive 2023/2673 and Section 356a BGB, our website provides a continuous, easily accessible “Withdrawal Button” (Electronic Cancellation Interface). You can log into your account or use our guest portal to initiate a cancellation in two simple clicks.
Effects of Withdrawal: If you withdraw from this contract, we will reimburse all payments received from you, including standard delivery costs, without undue delay and no later than 14 days from the day we are informed of your decision. You must bear the direct cost of returning the goods unless we have explicitly agreed to cover them.
CRITICAL HYGIENE EXEMPTION FOR SKINCARE: In accordance with Article 16(e) of the EU Consumer Rights Directive and Section 312g(2) No. 3 BGB, the right of withdrawal expires prematurely for sealed goods which are not suitable for return due to health protection or hygiene reasons if they become unsealed after delivery. For skincare, cosmetics, and personal care products, once the protective seal, outer wrapping, or bottle cap is broken or opened, the right to return the item for a change-of-mind refund is completely forfeited.
[Hong Kong Only]
Return Policy: Except where required by local law (e.g., inherently defective items), returns or exchanges for change-of-mind are subject to our standard commercial store policy. For hygiene reasons, skincare items must be completely unopened, unused, and in their original sealed packaging to be eligible for any store credit or exchange. All return shipping costs are borne by the customer.
6. Statutory Warranty and Skincare Quality Guarantees
[EU – Germany & Austria Only]
Legal Warranty: You benefit from a statutory 2-year legal warranty for conformity of the goods from the date of delivery. For skincare products and cosmetics, “conformity” means the product functions safely and matches its description until its official expiration date or designated “Period After Opening” (PAO) lifespan (indicated by the open jar symbol on the packaging), provided the product has been stored correctly.
Presumption of Defect: If a defect appears within the first year, it is legally presumed to have existed at the time of delivery unless proven otherwise. This presumption does not apply if it is incompatible with the nature of the goods. Because skincare products degrade naturally through exposure to air, fingers, and environment, the presumption of defect will not apply to items showing normal consumption, contamination post-delivery, or damage resulting from improper storage (such as exposure to extreme heat or sunlight). You retain the right to demand a replacement or refund for verified manufacturing defects (e.g., contaminated batches, broken pumps upon delivery, or premature rancidity out of the box).
[Hong Kong Only]
Sale of Goods Ordinance (Cap. 26): All skincare products supplied must correspond to their description, be of merchantable quality, and be reasonably fit for safe cosmetic application.
Consumer Goods Safety Ordinance (Cap. 456): We warrant that all formulations comply with standard safety specifications approved under Hong Kong law. If a product arrives defective, ruptured, or physically compromised upon delivery, please contact customer support immediately for a replacement or full refund.
7. Limitation of Liability
We are fully liable for damages caused by intent or gross negligence, or in cases of personal injury, death, or product liability claims (e.g., under the German Product Liability Act or HK Consumer Goods Safety rules).
For minor negligence, our liability is strictly limited to foreseeable, typical contractual damages, and we are not liable for any indirect or consequential business losses (such as loss of profits).
8. Governing Law and Dispute Resolution
[EU – Germany & Austria Only]
Governing Law: These terms are governed by the laws of the country where you reside (Germany or Austria), ensuring you are never deprived of your mandatory local consumer rights.
Online Dispute Resolution (ODR): The European Commission provides an ODR platform for consumer disputes, accessible at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
[Hong Kong Only]
Governing Law: For customers in Hong Kong, these terms are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (HKSAR). Both parties submit to the non-exclusive jurisdiction of the Hong Kong courts.
9. Environmental & EPR Compliance [EU – Germany Only]
In accordance with Germany’s Extended Producer Responsibility (EPR) regulations and the German Packaging Act (Verpackungsgesetz – VerpackG), Kspire Lavishable is registered with the Zentrale Stelle Verpackungsregister (ZSVR) under the mandatory LUCID Registration Number: [Insert your LUCID Number here, e.g., DE1234567890123]. Our shipment boxes, mailers, and packaging materials sent to private consumers in Germany are fully licensed and systematically recycled via our contracted dual system recycling partner.
10. Questions Regarding Your Order
If you have any questions or concerns regarding our terms of sale, please feel free to reach out to us at kspire.lavishable@gmail.com or message us via WhatsApp at +852 6754 0483. Our support channels are always here to help you.
