General terms & Conditions LACHA IBIZA
General terms & conditions LACHA
Article 1. The entrepreneur’s identity
1.1 The entrepreneur’s identity:
LACHA B.V. (hereinafter called: “LACHA”)
Heilige Geestkerkhof 2
2611 HP DELFT
The Netherlands
Chamber of Commerce number: 72325895
VAT number: nl859073622B01
E-mail: holachica@lachaibiza.com
Article 2. Applicability
2.1 All offers, orders and agreements of LACHA via the webshop are subject to these general conditions (hereinafter called: “General Conditions”). Both LACHA and the consumer recognize the validity of electronic communication, as also provided in European legislation. The consumer cannot derive any rights for future orders from possibly agreed deviations.
2.2 Accepting an offer or placing an order entails that the consumer accepts applicability of these conditions.
2.3 The provisions in these conditions may only be deviated from in writing, in which case the other provisions will remain fully in force.
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Article 3. Offers / agreements
3.1 All LACHA’s offers are without engagement. LACHA explicitly reserves the right to change prices, in particular but not exclusively when that is necessary on the basis of (legal) prescriptions.
3.2 Shown and/or supplied samples and models and also statements of colours, measurements and other descriptions in brochures, promotion material or social media of LACHA are as accurate as possible, but only serve as indications. No rights may be derived from them unless the parties have explicitly agreed something else in writing.
3.3 An agreement will only be concluded after acceptance of the consumer’s order by LACHA. As long as LACHA has not acknowledged the order to the consumer, no agreement will have been concluded. If the consumer’s acceptance deviates from LACHA’s offer, LACHA will not be bound by this. No agreement will then have been concluded, unless the parties have explicitly agreed something else in writing.
3.4 LACHA reserves the right to refuse orders. The consumer will be informed of such a refusal, with or without a statement of reasons. Any payment already made will naturally be paid back in that case into the account of the bank or credit card company from which this payment came.
3.5 By ordering from us – via the website or by email – a legally valid contract of sale is created, which is to be followed by payment.
Article 4. Prices / shipping costs / payment / retention of ownership / default of payment
4.1 The prices mentioned for the offered products and services are in euros including VAT, unless something else has explicitly been indicated.
4.2 For transport inside the Netherlands, with the exception of Caribbean Netherlands, LACHA will charge a maximum of €6,95. For consumers from other countries than the Netherlands the contribution to the shipping costs depends on the country and the size of the amount of the order. LACHA reserves the right to conform this amount to the latest rate for these services by DHL Parcel or an equivalent provider of parcel services.
4.3 LACHA works by means of prepayment (online or beforehand by bank transfer). After an order the consumer receives an acknowledgement by e‑mail stating the total costs, including shipping costs. No extra costs are charged for online payments. After receipt of the whole payment LACHA dispatches the consumer’s order. All articles remain LACHA’s property until the whole payment has been received.
4.4 On request by e-mail (holachica@lachaibiza.com) the consumer may pay her/his order in arrears. LACHA may reject this request if it has a well-founded reason for this.
4.5 It will be a matter of default of payment if 21 days after the conclusion of the agreement the invoice amount has not or not yet entirely been paid. The consumer will then be sent a written reminder to pay the whole or remaining amount by return. If the amount has not been paid within 14 days after receipt of the reminder, LACHA will be entitled to (have others) collect the claimable amount increased by at least €40.00, this in accordance with the Decree on compensation for extrajudicial collecting charges, or to dissolve the agreement.
Article 5. Delivery
5.1 In principle LACHA ships all orders within 3-10 working days after receipt of the order via PostNL (or an equivalent parcel service) to the delivery address stated with the order. Should we deviate from this for certain reasons the consumer is informed of this by e-mail.
5.2 If periods are mentioned in working days, this refers to all days from Monday through Friday, with the exception of public holidays.
5.3 The stated delivery times are only indications. Transgression of the agreed delivery times will not give the consumer any right to compensation, dissolution of the agreement or non-fulfilment of any obligation that for the consumer should follow from this or from any other related agreement.
5.4 The product must have been delivered to the consumer at the latest 30 days after the order. If this is not done, the consumer may annul the purchase immediately. The above will not be true if the parties have agreed a different term of delivery or if it is a question of force majeure on the part of LACHA or the third party/parties engaged by it.
5.5 LACHA endeavours to deliver the order at once but may also deliver the order in instalments.
5.6 We make every effort to keep the website as up-to-date as possible. But it may occur that unexpectedly an article cannot be supplied anymore. In that case LACHA will contact the consumer as soon as possible.
Article 6. Right of revocation / return / warranty
6.1 After the consumer’s receipt of the articles ordered via our webshop or by e-mail the consumer has a period of reflection as described in article 6.3.
6.2 The article must be examined on receipt for any errors, imperfections or damage. They must be reported to us by the consumer by e-mail within 14 days after receipt. Articles with an error, imperfection or damage that are returned without a report of an error, imperfection or damage by the consumer within 14 days after receipt cannot be accepted.
6.3 If the consumer is not satisfied with the order via our webshop or by e‑mail, the consumer may indicate within 14 days after receipt of the article(s) that he/she wishes to return the article. For the purpose the consumer may use the “Model form for Return”, available on this website. The consumer may also invoke the right of return by means of an unequivocal statement. The consumer will immediately dispatch the article(s) to be returned with the packing list, but at any rate within fourteen days after submission of the above-mentioned form or the unequivocal statement to LACHA. The consumer bears the costs for the return shipment.
6.4 The revocation right does not apply to sensitive articles in so far as hygiene is concerned.
6.5 If the consumer has returned the ordered articles, the consumer may exchange them for a different size or get back the purchase amount including the shipping charges paid to LACHA, this with observance of the provisions in article 6.6. If the consumer keeps part of the order, the consumer will only get back the purchase price of the returned article and not the shipping charges.
6.6 Within 14 days after receipt of the returned articles we shall instruct the bank or credit card company that was used when the original order was placed, to return the amount already paid (including the standard shipping costs) to the consumer. Any higher shipping costs for the original shipment from LACHA to the consumer that the consumer himself chose, rather than the least costly method of standard delivery offered by LACHA, will not be compensated by LACHA.
6.7 The risk and the onus of proof for the correct and timely exercise of the revocation right lies with the consumer. A condition for the actual use of the revocation right is that the relevant articles are properly packed, complete, undamaged, unused and are returned in the undamaged and original packing together with the packing list. If damage has occurred as a result of unsound shipping packaging or if insufficient postage has been paid for the postal item, LACHA reserves the right to refuse a return shipment.
6.8 On the basis of the law the consumer is entitled to a sound product, which must meet the expectations that the consumer may reasonably have of it. We shall solve any problem with the soundness of the product as soon as possible. Should the solution not meet the consumer’s expectation, the consumer may cancel the order, without additional costs.
6.9 The warranty and revocation right referred to in this article will be cancelled among other things if:
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The article has been worn and/or washed (this does not mean trying on the clothing);
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The article has been damaged by the consumer and/or the consumer has tried to repair the damage or the defect;
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The label(s) and/or accessories have been removed or are lacking;
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The consumer has not followed the instructions for use; and/or
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The article has been manufactured in accordance with specification(s) supplied by the consumer.
Article 7. Force majeure
7.1 In the event of force majeure LACHA has the right, at its discretion, to suspend performance of the order or to dissolve the agreement without judicial interposition, this by communicating it in writing and without LACHA being obliged to make any compensation, unless this would be unacceptable in the given circumstances according to standards of reason and fairness.
7.2 Force majeure is understood to be every shortcoming that cannot be imputed to LACHA because it is not its fault and not for its account by virtue of the law, legal act or according to generally held views in society.
Article 8. Liability
8.1 LACHA is not liable for indirect loss. LACHA will only rely on this exclusion of liability if and in so far as this is permitted by law.
Article 9. Miscellaneous
9.1 If the consumer gives LACHA an address in writing, LACHA is entitled to send all orders to that address, unless the consumer informs LACHA in writing of another address to which the orders are to be sent.
9.2 If during a short or longer time, whether or not tacitly, deviations from these general conditions have been allowed by LACHA, this will leave intact its rights to demand direct and strict observance of these general conditions as yet. The consumer can never derive any right from the fact that LACHA applies these general conditions flexibly.
9.3 If one or more of the provisions of these General Conditions or any other agreement with LACHA should be contrary to any applicable statutory prescription, the relevant provision will be annulled and it will be replaced with a new provision permitted by law to be determined by LACHA.
9.4 LACHA is empowered to use third parties in the performance of the order(s).
Article 10. Complaints procedure
10.1 LACHA has a sufficiently publicized complaints procedure and will handle complaints in accordance with this complaints procedure.
10.2 Complaints about the performance of the agreement must be submitted to LACHA completely and clearly described within 7 days after the consumer has discovered the defects.
10.3 Complaints submitted to LACHA will be answered within a period of 14 days counting from the date of receipt. If a complaint demands a foreseeable longer processing time, LACHA will answer within the period of 14 days with acknowledgement of receipt and an indication when the consumer may expect a more extensive answer.
10.4 The consumer will give LACHA at any rate 4 weeks’ time to solve the complaint in consultation. If the complaint cannot be solved in consultation, a dispute will arise that is susceptible of the disputes procedure as described in article 10.5.
10.5 In the event of complaints a consumer must first turn to LACHA (holachica@lachaibiza.com). LACHA will handle the complaints as described in article 10.3.
10.6 A complaint does not suspend the obligations of the customer, unless liability indicates something else in writing.
10.7 If a complaint should be held to be well-founded by LACHA, LACHA will, at its discretion, replace, repair or refund the products delivered free of charge..
Article 11. Applicable law
11.1 All rights, obligations, offers, orders and agreements to which these conditions apply are governed exclusively by Dutch law.