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Usage Terms and Conditions
Welcome to the LC Waikiki Retail Ro Srl. web page www.lcwaikiki.com. Please read the following items containing general website use terms and conditions.
Use of the Website constitutes your acceptance of the following terms and conditions. LC Waikiki Retail Ro Srl. reserves the right to change and update the following items at any time without prior notice.
Processing of Transactions and Orders on the Website and Possible Changes To the Site
LC Waikiki Retail Ro Srl.. is entitled to cancel and limit the quantities of orders placed via the site without stating any reason. This limitation can be applied to the orders placed by wholesalers, and dealers, or purchased for the purpose of resale from the same customer account by using the same credit card and indicating the same invoice or delivery address.
LC Waikiki Retail Ro Srl.., in its sole discretion, has the right to make changes to the Website, to suspend the broadcasting via the Website, or to modify its features at any time without prior notice.
Website Content
Any and all materials, such as pictures, prints, visual objects, videos, etc., placed on the Website are the sole property of LC Waikiki Retail Ro Srl.
Website Content is provided exclusively for your personal and non-commercial use. Use or downloading of Content by the users to their computer for personal purposes may not result in transfer of re-distribution, re-use, and publication rights to the User.
Personal Information Given In The Website
The personal information given on the Website is subject to the rules stipulated in Section “Confidentiality Disclaimer”.
Product Information
The majority of the Products available on the Website can also be found within Türkiye and offshore stores belonging to LC Waikiki Retail Ro Srl.. However, some products that cannot be found in stores are made available on our Website.
LC Waikiki Retail Ro Srl. assumes no responsibility for the price differences likely to occur between the Website and stores. The prices given on the “Order Summary Page” while making orders are valid for all orders placed through the Website.
There may be some printing errors or missing data in the product information provided on the Website. LC Waikiki Retail Ro Srl. reserves the right to correct these errors and eventually, to cancel or make changes in specific orders to the extent of compliance with the relevant laws.
Colors
LC Waikiki Retail Ro Srl.aims to reflect, as applicable, the exact color of products in the pictures displayed on the Website. However, the Company assumes no responsibility for the color differences that may arise due to screen adjustments and the use of different types of screens.
Links to Other Websites
The Website allows linking to other sites which are not under the control of LC Waikiki Retail Ro Srl. Neither does LC Waikiki Retail Ro Srl.. undertake any responsibility with regard to these sites nor grant of linking option could mean LC Waikiki Retail Ro Srl. has approved or interpreted these sites. The links are provided only for user convenience or information-sharing purposes.
Intellectual Property Rights
The information, visual images, and contents available on the Website may not be partially or wholly copied, re-distributed, reproduced, re-used, modified, or stored for future use, without the prior written consent of LC Waikiki Retail Ro Srl. All Website Content (text, data, graphics images, logos, button symbols, database, design, software, and other elements related to Website Content) fall within the scope of intellectual and industrial property rights of LC Waikiki Retail Ro Srl.. All rights pertaining to printings/writings, graphics, visual images, and pictures are reserved.
The unauthorized use of all financial rights related to Website Content, design, and software (processing, reproduction, re-publication, representation, and making available to the public) including but not limited to unauthorized disclosure and use of any material shall cause an infringement of intellectual and industrial property rights.
Discharge From Membership
If LC Waikiki Retail Ro Srl. reaches the conclusion that there is a violation of Usage Terms and Conditions announced through this page or receives complaints alleging a violation, then it may prevent the Users from accessing/using the Website or cancel his/her membership without the need to serve any notice. Within the scope of liabilities arising thereof, LC Waikiki Retail Ro Srl.. reserves the right to have recourse to the Users for all allegations, claims, and/or payments, including all accessory obligations, likely to be incurred by the 3rd parties and/or competent authorities against LC Waikiki Retail Ro Srl..
LC Waikiki Retail Ro Srl. is free to delete or not to delete any and all information regarding terminated User Account. User may not claim any right and/or indemnity in connection with the deleted or stored records. User agrees and declares that it shall not raise any claim of indemnity, and/or loss/damages whatsoever, under any name, as a consequence of termination and hereby in advance waives any right it may have in this respect.
ONLINE LC WAIKIKI STORE
GENERAL TERMS AND CONDITIONS
ABOUT THESE GENERAL TERMS AND CONDITIONS
("Terms and Conditions")
The following pages provide detailed information about LC WAIKIKI ("LC WAIKIKI", "We"), and the legal terms and conditions governing your use of the www.lcw.com website (the "Site", the "Online Store"), as well as any purchase of a product ordered online from LC WAIKIKI.
After you register an account on our website, you will receive an electronic document to the email address you provided, containing the Terms and Conditions in force at the time of registration. We recommend that you print and keep a copy of the Terms of Service for future reference.
Before placing orders on www.lcw.com, please carefully read these terms and conditions.
Please note that these Terms and Conditions may be occasionally updated without prior notice. Important changes to the Terms and Conditions will be notified to you at your registered email address. An updated version of the Terms and Conditions will always be available on the Site.
The version of the Terms and Conditions that will apply to your order will be the one available on www.lcw.com at the time of placing your order unless changes to these Terms and Conditions need to be made by law or government authority and you may be required to apply such changes to orders previously placed by you.
By accessing and using the website and placing orders on www.lcw.com, you confirm that you have read and understood the Terms and Conditions and that you agree to be fully bound by their provisions.
DEFINITIONS
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In Bulgaria, for each cash-on-delivery order, a fee of BGN 3 is charged, in addition to the delivery fee, even for shares with Free Delivery. This additional shipping fee is non-refundable.
In Romania, for orders for which you choose "Cash on Delivery" as the payment method, a transaction fee of 5 RON will be charged. This additional shipping fee is non-refundable.
There will be no additional charge on top of the standard delivery price for any order paid by card.
Orders are generally delivered within 2 (two) to 30 (thirty) business days from the date of acceptance of the Order. The delivery schedule is usually met, although LC WAIKIKI cannot guarantee punctuality. In any case, LC WAIKIKI will make all reasonable efforts to ensure delivery of the Products within 30 (thirty) days from the date of acceptance. You can track the status of the delivery either by accessing your Account or by using courier tracking services.
You need to check the condition of the packaging on delivery. If the packaging is damaged, you do not have to accept the delivery.
All risks in the Products you order (including the risk of loss and/or damage to the Products) will be passed on to you when you or a third party designated by you take physical possession of the Product upon delivery. Product ownership will not pass to you until we receive full payment.
We will in no way be liable for the delay or failure to deliver the Products if the delay or failure is caused in whole or in part by circumstances beyond our control.
C.8. Return of Non-Conforming Products
You have the right to return defective products or non-compliant products, delivered by LC WAIKIKI. You have 2 (two) months from the time of detection of the non-compliance of the product to inform LC WAIKIKI in writing about the defect or non-compliance and to initiate the return of the product to LC WAIKIKI. Such defects or non-conformities must become apparent for a period of 2 years (two) from the date of delivery. For products with an average service life of less than 2 (two) years, the period of 2 (two) years is reduced to the average duration. For further information, please comply with the warranty certificate you received with the Products.
If your claims are justified, LC WAIKIKI will refund the value of the Product, as well as the direct costs involved in the return, within 15 (fifteen) calendar days from the date you informed us about the non-compliance or the date on which You have delivered the Product to us or to a delegate, based on a transfer report.
C.9. Right of Withdrawal
You have the right to cancel your order in whole or in part within 30 (thirty) calendar days, starting from the day you (or someone you nominate, other than a carrier) receive the products (or the last product in case of partial delivery), without giving any reason.
You must pack the items securely, in the original packaging if possible, and include the return form that is located on the back of the invoice.
In Romania, starting with the date of 10.08.2023, a return fee of 9.90 RON will be applied for orders whose method is Home Delivery. If you opt for the return in the store, this return fee will not apply.
In Bulgaria, starting with the date of 10.08.2023, a return fee of 5.99 BGN will be applied for orders whose method is Home Delivery.
In Germany, France, and Italy a return fee of 4.99 BGN will be applied.
For Romania:
You can make the return depending on the chosen delivery method.
- if you chose easybox as the delivery method, you can only make the return at easybox
- if you chose the delivery method - home delivery - you can request the return only by calling the courier at your address
In both cases, you can opt for a return in our stores.
For Bulgaria:
You can make the return depending on the chosen delivery method.
- if you chose Econt offices as the delivery method, you can only make the return at Econt Office.
- if you chose the delivery method - home delivery - you can request the return only by calling the courier at your address
Return Process to Packeta
You can send your product(s) to us together with your invoice after completing the return form that you will find behind your invoice.
On the return form, please select the products you would like to return, the number of items to be returned and the reason for the return.
If you have lost your invoice/return form, you can easily print it from the “My Orders” section of your account. Simply click on the order details that contain the products you want to return and print the forms.
Please use the return label with the barcode found in your original order package.
Once you have completed the above steps, you must send the package to the following address: Schloßplatz 2, 086 48 Bad Brambach. Please add the Packeta Waikiki ID to the address.
Return process to Easybox
After we register your return request, you will receive by email and SMS the PIN and QR codes with which to unlock the easybox locker when returning the order.
You will have 14 days from the date of the return request to return the product(s) to the easybox lockers, provided that you do not exceed the 30 return days.
Please make sure that the returned product/s fit into one of the drawers. Their dimensions are:
large - 47 cm x 44.5 cm x 39 cm
medium - 47 cm x 44.5 cm x 19 cm
small - 47cm x 44.5cm x 10cm
The weight limit is 20 kg.
Return process with Sameday:
You can send your product(s) to us after you fill out the return form, found behind your invoice.
In the return form, please select the products that you would like to return, along with the number of items to be returned and the reason for the return.
To request a Return, you must log in to your LCWaikiki client account. If you have opted for Delivery Payment, it is necessary to enter your bank account details in order to be reimbursed for the return value.
You need to create the return request from your online account on the website.
When the return request is created, SameDay courier will call you regarding the pickup of the package, within the next 48h.
Return Process Econt
1. Products can be returned after completing the return form found on the back.
2. In the return form, please select the products you want to return, the number of products you want to return and choose the reason for the return.
3. To request a Return, you need to log into your LCWaikiki customer account. If you have selected Cash on Delivery, you will need to enter your bank account details for the return to be refunded.
4. The return request must be completed from your account opened on our website.
5. After you create the return request, an Econt courier will contact you in the next 48 hours to pick up the package.
For Locker;
• After we register your return request, you will receive by email and SMS the PIN and QR codes with which to unlock the Econtomat locker when returning the order.
• You will have 14 days from the date of the return request to return the product/s to the Econtomat lockers, the condition is that you do not exceed the 30 return days.
• Please make sure that the returned product/s fit into one of the drawers. Their dimensions are:
• small – 61 cm x 44 cm x 8 cm from 1 kg to 4,99 kg
• medium – 61 cm x 44 cm x 18 cm
• big – 61 cm x 44 cm x 37cm.
The weight limit is 30,5 kg.
For Office;
• You will have 14 days from the date of the return request to return the product/s to the you received Econt office, the condition is that you do not exceed the 30 return days.
In order to comply with the return deadline, it is sufficient for you to send the communication on the exercise of the right of return before the expiry of the return period.
Withdrawal effects
If you choose to make a refund, we will refund all payments received from you, including delivery costs (excluding additional costs resulting from the choice of a particular type of delivery other than the least expensive type of delivery provided by us), without undue delay, and in any case no later than 14 (fourteen) days from the date we are notified of your decision to withdraw from this Agreement. We will make the refund using the same means of payment that you used for the original transaction unless you have expressly agreed otherwise. We may withhold a refund until we receive the goods back, or if you have provided proof that you have returned the goods, whichever occurs first.
The following Products are exempt from withdrawal: orders made to match or Personalized products, linen products, and underwear and swimwear that are sealed for hygiene reasons.
Your obligations in case of return:
- to return the products or hand them over to us or to a person authorized by us to receive the goods, without undue delay and in any case not later than 14 (fourteen) days from the date on which you communicated to us your decision to return the products.
- to return the products in good condition and the original packaging, and with the related labels.
- where appropriate, you shall be solely liable for any reduction in the value of the goods resulting from the handling of the goods, other than those necessary to establish the nature, characteristics, and functioning of the goods.
Obligations of LC WAIKIKI in case of return:
- refund all payments received from you, including, where applicable, the costs of delivery without undue delay and in any case no later than 14 (fourteen) days from the date on which we were informed of your decision to withdraw,
If we have shipped the goods to you and you have canceled the order before delivery, we may withhold the amount of money representing their value until we receive the goods back or until you have provided proof of return of the goods, regardless of which of these events occurs first.
C.10. Product Descriptions and Prices
A description of the main features of the Products can be found on the Product pages on the Site. We have taken reasonable steps to try to ensure that all Products have been correctly described, however, please note that while we try to accurately display the colors of our Products on the Site, the actual colors you see depend on the monitor settings, and we cannot guarantee that your monitor screen will accurately reflect the color of the Product on delivery.
The prices for the products on the site appear on the Product pages and include VAT. Delivery charges and bank charges, if applicable, may be added to the final price. Therefore, the final price that you will have to pay will consists of the following elements: Product Price + Delivery Fees (if applicable) + Bank Fees (if applicable).
Prices and Offers may vary and may only be available for limited periods. All Prices and Offers are subject to availability and may be withdrawn or modified at the discretion of LC WAIKIKI. Prices at the Site may differ from prices in retail stores, catalogs, or elsewhere. Online Offers refer only to Internet transactions and may not be available in the store. Similarly, temporary or local special offers available in the stores do not apply to internet prices unless expressly specified.
We have taken reasonable precautions to try to ensure that all products are at fair prices. However, it is possible that, despite the best efforts, some of the Products listed on the site are displayed at incorrect prices. Erroneously displayed prices are not binding on LC WAIKIKI.
In the event that LC WAIKIKI discovers an error in the price of the Products you have ordered, we will inform you as soon as possible. LC WAIKIKI will give you the option to reconfirm your Order at the correct price or to cancel it.
C.11. Product Warranties
For products sold on our website, we guarantee conformity and quality, according to the related description on our website and according to the Warranty Certificate provided.
All our products bear:
- a commercial guarantee of 14 (fourteen) - 30 (thirty) days, which represents a commitment made by LC WAIKIKI for you, to refund the price, repair, or replace the Product, without any additional charges on your part, if the Product does not meet the conditions indicated in the Warranty Certificate or the related advertising,
- a guarantee of legal conformity of a maximum of 2 (two) years as protection of the customer for non-compliance granted by law, representing the legal obligation of LC WAIKIKI to bring the product to compliance by repair or replacement or to reimburse the price, without any additional fees incurred by the customer. For products with an average service life of less than 2 (two) years, the period of 2 (two) years is reduced to the average duration.
C.12. Liability
LC WAIKIKI is solely responsible for losses that are the foreseeable consequence of your breach of these Terms and Conditions. We will not be liable if we have been prevented or delayed in complying with our obligations under these Terms and Conditions of Sale due to what you or anyone acting on your behalf does or fail or because of events that are not under our reasonable control.
You must comply with the instructions /advice we offer you in order to keep the Products you have ordered safe for use (including the instructions or manuals of the products supplied with the products). We cannot accept liability for damage caused to Products caused by failure to comply with these instructions/recommendations.
Nothing in these Terms and Conditions of Sale shall limit or exclude LC WAIKIKI's liability for (i) death or personal injury caused by our negligence, (ii) fraud, (iii) any breach of obligations imposed by applicable mandatory laws, or (iv) liability that cannot be excluded by law.
SECTION D. COMMUNICATIONS
Communications, including notices, requests, and complaints, between you and LC WAIKIKI will be done mainly electronically by e-mail or through notices published on the website. By accessing the website and placing Orders, you agree to this electronic means of communication and acknowledge that the agreement, notices, information, and other communications that LC WAIKIKI provides to you in electronic format comply with any legal requirement that such communications be made in writing and presented on a durable medium.
SECTION E. COMPLAINTS PROCEDURE
If you wish to make a complaint, please send an email to romania@lcwaikiki.info providing full details, including the date of purchase and the reference number of the order, if applicable, and your full name and address and contact details.
We will send you the official response/solution, by email, within 30 (business) days of receiving your complaint.
If you are not satisfied with our proposal, you can still make your complaints:
- National Authority for Consumer Protection - Regional Commissioner for Consumer Protection Bucharest - Ilfov Region
or
- on the ONLINE DISPUTE RESOLUTION platform (the ODR platform developed by the European Commission according to Regulation (EU) No 524/2013 of the European Parliament and the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC) to http://ec.europa.eu/odr.
SECTION E. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by and construed in accordance with Romanian laws. However, according to Article 6(2) of the Rome I Regulation (Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations), you also benefit from the protection granted by national law which cannot be derogated by contract.
Any dispute or discrepancy resulting from the application or interpretation of these Terms and Conditions, including the Terms and Conditions of Sale, which cannot be settled amicably, will be settled by the Romanian courts in Bucharest. However, if this choice of jurisdiction is not to your liking due to the considerable distance from your location, this clause can be renegotiated.
SECTION F. MISCELLANEOUS
You may not transmit or subcontract any of your rights or obligations in accordance with these Terms and Conditions to any third party except with our written consent.
We may transmit, transfer or subcontract any of our rights or obligations under these Terms and Conditions to a third party in our sole discretion, provided that such third party ensures the same level of warranty and liability to you.
No relaxation or delay in exercising any right or remedy in accordance with these Terms and Conditions will act as a waiver of this right or remedy or affect our ability to subsequently exercise that right or remedy it. Any waiver must be agreed upon by us in writing.
If any of these Terms and Conditions is held to be illegal, invalid, or unenforceable by any court of competent jurisdiction, the remaining terms and conditions will remain applicable and in full force and effect.
SECTION G. YOUR OPINIONS
We are always open to your valuable opinions and feedback on our site and you can always contact us with your comments and suggestions through our contact details specified in A.2.