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LC WAIKIKI ONLINE STORE
 
GENERAL TERMS AND CONDITIONS
 
 
ABOUT THESE GENERAL TERMS AND CONDITIONS (“Terms and Conditions”)

The following pages provide detailed information about who LC WAIKIKI RETAIL RS doo Beograd (hereinafter “LC WAIKIKI”, “We”, “Us”) is and the legal terms and conditions that govern your use of www.lcw.com (“Website”, “Online Store”) as well as any purchase of a product you order online from LC WAIKIKI RETAIL RS doo Beograd.
 
When registering an Account on our Website, you shall be provided on your e-mail address with an electronic document containing the Terms and Conditions in force at the moment of registration. We recommend that you print and keep a copy of the Terms and Conditions for your future reference.
Before placing any orders on www.lcwaikiki.rs, please read carefully the present Terms and Conditions. Please be aware that from time to time, these Terms and Conditions might be subject to updates without prior notice. Important amendments to the Terms and Conditions shall be notified to you on your registered e-mail address. An updated version of the Terms and Conditions shall always be available on the Website.
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 you place your order, unless changes to these Terms and Conditions are required to be made by law or governmental authority and we might be required to apply such changes to orders previously placed by you.
 
By accessing and using the Website and as well as by 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.
 
Nothing in these Terms and Conditions shall be interpreted as contrary, breach or exclude, the Serbian regulation re protection of customers.
 
DEFINITIONS
Throughout the present Terms and Conditions we shall use certain recurring terms which shall bear the meaning indicated in the table below:

Products Clothing, footwear, accessories and all other fashion articles described on our Website.
User Any person who accesses the Website.
Registered User Any natural person aged 18 years old or older who registers an Account on the Website with the future purpose of placing Orders.
Guest Any natural person aged 18 years old or older who visits the Website with the future purpose of placing Orders.
Customer Any natural person aged 18 years old or older who places an Order on the Website and, subject to the acceptance of such order by LC WAIKIKI RETAIL RS d.o.o., becomes part of the distance sales agreement having as object the sale and purchase of LC WAIKIKI products.
Order Material manifestation of the will to purchase LC WAIKIKI products under the present Terms and Conditions by using the electronic means available on the Website.
Account Private Section of the Website that has attached an e-mail address and password and is used by the Registered User for ordering purposes. It contains various information about the Registered User and its activity on the Website, either submitted by the Registered User itself (personal data), either automatically registered by the Website (Order history, invoices etc.)
Newsletter Commercial and advertising communication transmitted in exclusively in electronic format and on a current basis to the Registered User, subject to the Registered User consent in this sense, without representing an offer from LC WAIKIKI RETAIL RS d.o.o.
Content Any graphics, drawings, prints, photographs, images, sounds, music, video, audio, text, logos, button symbols, database, design, software and any other elements which can be visualized or accessed on the Website.
 

 

SECTION A. ABOUT US

A.1. Company Information
This Website is owned and operated by LC WAIKIKI RETAIL RS d.o.o. Beograd (Stari Grad), a company registered and functioning under the Serbian law, with headquarters in Serbia, Belgrade, Kneza Mihaila Street, no. 44, duly registered with the Serbian Business Registry Agency under registration no. 21097551, TIN no. 108942206, VAT no. 108942206, part of the international LC WAIKIKI group of companies.
 
We are true to our philosophy that “Everyone Deserves to Dress Well” and therefore we enable you to enjoy the accessible fashion of the LC WAIKIKI brand through quality products at affordable prices.
 
A.2. Contact details
Please feel free to address any queries to our Customer Service at the following contact details:
LC WAIKIKI RETAIL RS d.o.o. Beograd (Stari Grad)
Correspondence address: Kneza Mihaila Street, no. 44, Belgrade
E-mail address: [COUNTRYEMAILADDRESS]
Call Center phone number: 0800 525529 

SECTION B. WEBSITE TERMS OF USE
The present Website Terms of Use (“Website Terms”) apply to your access and any use whatsoever of the LC WAIKIKI RETAIL RS Website, as well as to any order you place on the Website, regardless of how you access the Website, or what technologies or devices you are using for such access.
 
By accessing, browsing, registering with, or using the Website in any manner available, as well as by placing an order on the Website, you confirm that you have read and understood Website Terms and that you agree to be bound by their provisions.
 
These Website Terms shall not limit or exclude any liability that we are not permitted to limit or exclude under applicable laws.

B.1. Accessing the Website
The Website is made available free of charge, to anybody who has access to internet connection.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Website without notice, due to maintenance, security or any other technical reason. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
 
B.2. Rights over Content
All electronic materials and elements which form the Content of this Website are protected by copyright, trade mark registrations and other intellectual and industrial property rights. All such rights are owned by or licensed to LC WAIKIKI RETAIL RS d.o.o., or to any of the companies in the LC WAIKIKI Group, its affiliates or to the suppliers of such content. All such rights are reserved to us.
B.3. Your Use of this Website
You may only use this Website for domestic, private and lawful purposes.
 
You may not use the Website or any Content on it:
  • in a way that breaches any applicable national or international laws or regulations;
  • it in a way that infringes, restricts or inhibits anyone else's rights to use of this Website;
  • for any commercial purposes whatsoever;
  • to knowingly transmit, send or upload any data or material that contains viruses, Trojan horses, worms, spyware, adware or any other harmful programs or codes designed to adversely affect the operation of any computer software or hardware.
  • to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
 
You also agree:
  • not to copy, reproduce, frame, republish, download, print, post, re-post, broadcast, record, transmit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the website or the computer codes or elements comprising the Website other than solely for your own personal use, without our prior written consent;
  • not to alter or distribute in any way alterations of the Content of the Website, including but not limited to the removal of LC WAIKIKI logos and trademarks;
  • not to damage, disrupt or impact the security of any part of this Website, its Content or any related network or software;
  • not to make any fraudulent Order on the Website.
 
We reserve the right to immediately ban access to the Website to any User and to close the Account of any Registered User who violates these provisions.
 
B.4. Content Accuracy
We shall use our reasonable endeavors in order to provide Content that is accurate, complete and up-to-date. The inclusion of any Products on the Website at a particular time does not imply or warrant that these products will be available at any time. We reserve the right to discontinue any Product at any time.
 
To the extent permitted by applicable laws, LC WAIKIKI RETAIL RS d.o.o. disclaims all representations and warranties, express or implied in relation to the Content’s accuracy.
 
Should errors appear in relation to Product description and/or prices or should relevant data be missing from such Product information provided on the Website, LC WAIKIKI RETAIL RS d.o.o. reserves the right to correct these errors and eventually, to cancel or make changes in specific orders to the extent of compliance with the applicable laws.
 
LC Waikiki RETAIL RS d.o.o. aims to reflect the exact color of Products in the pictures displayed on Website. However, the Company LC Waikiki RETAIL RS d.o.o assumes no responsibility for the color differences that may arise due to screen adjustments and use of different type of screens.

B.5. Damage to Your Computer or Other Device
LC WAIKIKI RETAIL RS d.o.o uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we recommend you to take all precautionary measures in order to ensure safe access to the Website and its Contest as we cannot guarantee that your use of this Website will not cause damage to your computer or other device. Except where required by applicable laws, LC WAIKIKI RETAIL RS d.o.o shall not be held liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

B.4. Links to Other Websites
The Website may include links to other sites which are not under the control of LC WAIKIKI RETAIL RS d.o.o. Such links are provided only for user convenience or information sharing purposes and they should not be interpreted as endorsement by us of those linked websites.
 
We assume no responsibility for the content of websites linked on our Website. We will not be liable for any loss or damage that may arise from your use of them.
 
B.5. Linking to our Website
You may link exclusively to our home page, without our prior approval, provided that you:
- do so in a way that is fair and legal, on a website owned by you;
- do not damage LC WAIKIKI reputation or take advantage of it;
- do not suggest any form of association, approval or endorsement on our part where none exists;
- check for compliance of the website in which you are linking with the standards set forth in these Terms of Use.
We reserve the right to withdraw linking permission without notice.
 
B.6. Social Networking Sites
These Website Terms also govern any Submissions you make on any LC WAIKIKI related third party website or pages such as our Facebook page, Pinterest, YouTube or social networking site. All comments, images, videos and any other type of material posted on any third party social networking site must comply with these Website Terms and the third party social networking sites’ Terms of Use, as applicable.
 
SECTION C. SALE TERMS AND CONDITIONS
These sale terms and conditions (hereinafter "Sale Terms and Conditions") apply to any Order you place through www.lcw.com, regardless of how you access the Website.
 
Before placing an Order, you must read these Sale Terms and Conditions carefully. By placing an Order through the Website, you confirm that you have read, understood and agree to be bound by these Sale Terms and Conditions in their entirety. If you do not agree to these Sale Terms and Conditions in their entirety, you must not order any Product through the Website. This also includes all changes and amendments of this Terms and Conditions, which will be valid at the moment of the specific order.
 
 
C.1. Parties to the Distance Sale Agreement
These Sale Terms and Conditions regulate the distance sale agreement between the company LC WAIKIKI RETAIL RS d.o.o. (the "Seller") and the customer (the "Customer") formalized through the Website for purchasing LC WAKIKI products via the Website.
 
In order to place an order through the Website, the Customer must be 18 years or older and be the final consumer. Minors are expressly excluded.
 
 
C.2. Registering an Account/Guest
In order to place an Order, you can open an Account with us, or alternatively, you can choose to place your order as a Guest, without registering an Account. However, you can choose to register an Account with us after submitting your Order as Guest.
 
When you register you are required to provide several personal details about yourself. Please make sure that all such personal data provided is true, accurate, current, and complete in all respects. You can update or correct your details at any time by accessing your Account. Please first, prior placing the Order, refer to our Privacy and Data Protection Policy for more information on how your personal information will be used and stored, which is published on our Website.
 
When you order through the Website as Guest you will still need to provide us with certain compulsory personal details which we collect for Order processing and billing purposes. We will not store the details that you provide via guest checkout (save for processing your order, or if you have opted in to receive our newsletter). For detailed information on how your personal information will be used and stored, please see our Privacy and Data Protection Policy, which is published on our Website.
 
C.3. Account Security
When you register an Account you shall be asked you to provide a password in order to maintain your Account security. The account password you provide should be unique and kept secure. You are also responsible for maintaining the confidentiality of your password and any activities that occur under your Account. LC WAIKIKI RETAIL RS d.o.o. shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or Account.
 
We may transfer your personal account information to servers located outside the country in which you live so that you can use your account in all LC Waikiki websites in accordance with the Privacy and Data Protection Policy and only upon you confirmation thereof.
 
Should you become aware of or suspect any breach of security or any unauthorized use of your password or account, please notify LC WAIKIKI RETAIL RS d.o.o. immediately.
 
LC WAIKIKI is not obliged to check the data which are stored, transferred or made available nor to check the circumstances which may lead to unpermitted activities of the user. Company LC Waikiki must inform the competent body of authority in case of reasonable suspicion that 1) by using of our services, the customer performs unpermitted activities, or 2) user of services of company LC Waikiki has provided prohibited data, as regulated in accordance with the Serbian Law on Electronic Trade.
 
C.4. Orders and Placing an Order
All Orders are subject to acceptance and availability, and items in your virtual shopping bag are not reserved and may be purchased by other customers.
 
Our display of Products on the Website represents an invitation and not an offer to sell those Products to you. An offer is made when you place the Order for the Products added in the virtual shopping bag. However, the distance sales agreement shall not be concluded until we accept your offer (see subsection C.5. below).
 
Placing an order through the Website requires the completion of the following steps:
  • Choose the Products that you like, select the color and size and add them to the virtual shopping bag;
  • Check your virtual shopping bag and proceed to complete order;
  • Enter the delivery and billing information and choose the method of payment;
  • Review all information submitted and confirm the Order. By confirming the Order, you fully and without reservation accept the version of the Sale Terms and Conditions available of the Website which shall apply to the distance sales agreement.
  • Have you chosen payment by card, you shall be requested to make the payment. If the payment is authorized, you will receive an automated acknowledgement e-mail for the receipt of the Order on the e-mail address you have provided. This acknowledgement does not represent an order confirmation or acceptance from LC WAIKIKI RETAIL RS d.o.o.
  • Have you chosen payment by any other method, you will receive an automated acknowledgement e-mail for the receipt of the Order on the e-mail address you have provided. This acknowledgement does not represent an order confirmation or acceptance from LC WAIKIKI RETAIL RS d.o.o.
 
Products are subject to availability. If we are unable to supply the products, we will inform you of this as soon as possible and your Order will not be accepted. If you have already paid for the Products, refund will be executed based on the method of payment in the order. When your process is completed, you will be informed via email.
 
All Orders that you place on this Website will be subject to our acceptance in accordance with section C.5. below.
 
C.5. Order Acceptance and Conclusion of the Distance Sale Agreement
Unless we have notified you that we do not accept your Order or you have cancelled it, Order acceptance and the conclusion of the distance sale agreement between you and LC WAIKIKI RETAIL RS d.o.o. will take place at the point you receive an e-mail confirmation of your respective order.
Prior to dispatch of the Products, LC WAIKIKI RETAIL RS d.o.o. has the right to decline any Order for any reason, including legal and regulatory reasons. 
 
The email confirming that LC WAIKIKI RETAIL RS d.o.o. has accepted your Order when your Order has been processed and is ready to be dispatched shall contain a reiteration of the ordered Products, agreement Price, chosen payment and delivery method and term of delivery.
 
The distance sale agreement is concluded for a determinate duration. Such agreement shall be deemed as performed when both LC WAIKIKI RETAIL RS d.o.o. and you will have executed the mutual obligations in the terms and requirements undertaken as per these Sale Terms and Conditions. Agreement may be concluded apart text in Serbian, also in English or Turkish language, as per your choice.
 
C.6. Payment Methods and Billing
LC WAIKIKI RETAIL RS d.o.o. accepts the following payment methods:
 
  • Credit card or debit card
By completing your card details while placing your Order you confirm that the credit or debit card being used is yours. All fields indicated as compulsory must be completed.
The applicable amount will immediately be debited on your card.
 
We mention that in case of payment by card, you will offer your payment data directly to the payment processor and not to us and therefore, you will be subject to the privacy policy of the payment processor.
We recommend you to read terms and conditions of the Privacy Policy at our Website before selecting this payment method. The credit card information used for placing your order shall never be kept or stored in our system.
 
LC WAIKIKI RETAIL RS d.o.o. reserves the right to check the validity of the credit or debit card, its credit status in relation to the Order value and whether the address data of the Customer is correct. We may refuse Orders depending on the result of these checks.
In all cases where payment is made online, if bank fees and charges of any type (transfer, exchange) apply, they shall be incurred by you. For information on banking fees and charges please make prior reference to the bank which has issued your payment instrument.
 
  • Cash on Delivery
The payment shall be made in cash to the courier delivering the parcel containing the ordered Products.
 
Based on the personal details provided by you when you place an Order, LC WAIKIKI RETAIL RS d.o.o. shall provide you with the corresponding invoice, along with the withdrawal form, notification of rights of customers and distance sale agreement on mail address before delivery. By placing an Order you consent to such billing modality. By creating an order, you agree to receive the fiscal invoice, the cancellation form as well as the general conditions of purchase and the notification of customer rights electronically to your email address.
According to the Fiscalization Act, online stores are not obliged to send the fiscal invoice in physical form.
 
C.7. Delivery, Receipt and Transfer of Risks and Ownership
Delivery shall be performed by courier with whom LC Waikiki signed the agreement on services of delivery.
Please note that delivery charges and timescales vary depending on the type of Products ordered and the delivery address, and in any case the delivery term can not be longer than 30 days as of signing the distance sale agreement. You’ll find full details of our delivery charges and estimate timescale in the table below, with the mention that you may receive free delivery as promotional offer, given that certain requirement are met:
 
Country Charges Estimated Timescale
Serbia  300 RSD bellow 3000 rsd 
Free delivery over 3000 RSD
 3-5 working days

Orders are usually delivered within 7 (seven) to 14 (fourteen) business days from the date of Order acceptance, but in any event not later than 30 days as of entering into the sale distance agreement, i.e. acceptance of offer. You can track the status of the delivery either by accessing your Account, either by using the courier tracking services.

You must verify the state of the packaging upon delivery. If the package is damaged, you must not accept the delivery.
 
All risk in the Products you order (including risk of loss and/or damage to the products) shall pass to you when you or a third party indicated by you shall gain physical possession of the Product at the moment of delivery. Ownership of the Products shall not pass to you until we have received full payment.

We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.

C.8. Returns of Non-conforming Products
You have the right to return defective products or non-conforming products. You have to inform in writing LC WAIKIKI RETAIL RS d.o.o. about the defect or lack of conformity and to initiate the return the product to LC WAIKIKI RETAIL RS d.o.o. Such defect or lack of conformity has to become apparent during a two years term starting with the delivery date and it must exist at the moment of delivery. For products which have an average duration of use lower than 2 (two) years, the 2 (two) years term shall be reduce to the average duration. For further reference, please observe the Warranty certificate you received together with the Products.
 
Customer is obliged, to check the Product and to check whether it is in conformity with the order, and to immediately object if there is any visible defect at the time of transfer of risk from LC WAIKIKI RETAIL RS d.o.o. to customer as the buyer.
 
For non-visible defects which existed at the moment of transfer of risk to the Customer, LC WAIKIKI RETAIL RS d.o.o. is responsible within 2 (two) years period as of delivery of Product, whereby it is assumed that defects existed at the moment of transfer of the risk to the Customer, if such defects are shown within first 6 (six) months as of the delivery date of Product to the Customer, but in such case LC WAIKIKI RETAIL RS d.o.o. as seller has the right to argue differently.
 
The moment of the transfer of the risk from LC WAIKIKI RETAIL RS d.o.o. as seller to Customer is the moment of delivery of Products to Customer or a person which is authorized by Customer for receipt of the Product on its behalf.
 
In case of existence of the defect (non-conformity) for which LC WAIKIKI RETAIL RS d.o.o. is liable, Serbian Consumer Protection Law shall apply on the rights of the Customer and the procedure of exercising the rights, unless otherwise is determined, in accordance with such law.
 
LC WAIKIKI RETAIL RS d.o.o as seller is obliged to respond to your reclamation not later than 8 (eight) days as of receipt of the reclamation, in written or by electronic means, and the response must consist of decision whether accepts the reclamation or not, statement on your/customer request and proposal and term for resolving the reclamation, which cannot be later than 15 days.
 
If delivered Product is not in conformity, and your claims are justified, and non-conformity occurs within first 6 (six) months, you have the right to demand and opt between exchange of Product, decrease of the price or termination of the agreement.
 
If delivered Product is not in conformity, and your claims are justified, and non-conformity occurs after first 6 (six) months but within 2 years period as of delivery date of Products, then you have the right to demand repair or exchange of Product. If it is not possible, then you shall have the right on decrease of the price or to terminate the agreement.
 
If your claims are justified, and you want to terminate the agreement in accordance with the law, LC WAIKIKI RETAIL RS d.o.o. shall refund the value of the Product, and in any case (regardless of the manner of resolving the justified reclamation) LC WAIKIKI RETAIL RS d.o.o. shall bear the direct costs, within 15 (fifteen) calendar days starting with the date on which we informed you that your reclamation is accepted.
In case that your reclamation is rejected, you have the right to initiate the procedure for out-of-court resolving of disputes in accordance with the law. The trader is obliged to participate in the out-of-court procedure for resolving of disputes.
 
C.9. Right of Withdrawal
You have the right to cancel all or part of your Order within 14 (fourteen) calendar days starting with the day on which you (or someone you nominate, other than a carrier) receive the Products (or the last Product in case of fragment delivery), without giving any reason and additional costs, except the direct costs of return of the Products (unless if LC WAIKIKI RETAIL RS d.o.o. accepts to bear such costs) and other costs under Article 34. of the Serbian Consumer Protection Law. The right on withdrawal, you can exercise by giving the statement in the withdrawal form which is attached to this General Terms and Conditions and which is delivered to you along with distance sale contract.
 
For exercising your right of withdrawal, you can either:
 
Pack the items securely, in the original packaging if possible, and enclose the return form which is on the back of your invoice.
In your parcel you will see a label with the return address and barcode, which you should attach to your parcel.
If you cannot find it in your parcel, send it to the following address:
LC WAIKIKI RETAIL RS DOO 
Knez Mihailova 44 
or 
LC WAIKIKI RETAIL
Beogradska 7a (M&M Rampa 26)
11272 Dobanovci
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
 
Effects of withdrawal
If you chose to withdraw we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 (fourteen) days from the day on which we are informed about your decision to withdraw from this agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, and under condition that you do not bear any costs due to such manner of return. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
 
The following Products are exempt from withdrawal: which are made to measure orders of Customer or clearly personalized Products, sealed goods that cannot be returned due to protection of health and hygiene reasons and which is unsealed after the delivery (e.g. lingerie and swimwear Products).
 
Your obligations in case of withdrawal:
  • to return the Products or hand them over to us or to a person authorized by the trader to receive the goods, without undue delay and in any event not later than 14 (fourteen) days from the day on which you have communicated us your decision to withdraw;
  • to return the Products in good conditions and in their original packaging;
  • to bear the direct costs of return of the Products, unless LC WAIKIKI RETAIL RS d.o.o. agree to bear such costs.
  • as applicable, you shall be liable for any diminished value of the Products resulting from the handling of the Products other than what is adequate and necessary to establish the nature, characteristics and functioning of the Products.
 
LC WAIKIKI RETAIL RS d.o.o. ’s obligations in case of withdrawal:
  • to reimburse all payments received from you, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 (fourteen) days from the day on which we have been informed of your decision to withdraw, i.e. we receive your withdrawal form;
  • In the event that we have sent Products to you and you have cancelled your order, we may withhold reimbursement until we have received the products back or you have supplied evidence of having sent the Products back, whichever is the earliest.

C.10. Product Descriptions and Prices
A description of the main characteristics of Products can be found on the Product pages of the Website. We have taken reasonable precautions to try to ensure that all Products have been fairly described, however please note that whilst we try to display the colours of our Products accurately on the Website, the actual colours you see will depend on your monitor settings and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the Product on delivery.
Prices for Products on the Website appear on the Product pages in RSD and include VAT. Delivery taxes and banking taxes, as applicable, can be added to the final Price. Therefore the final Price incurred by you shall be composed of the following elements: Product Price in RSD + Delivery taxes (if applicable) + banking taxes (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 amended at the discretion of LC WAIKIKI RETAIL RS d.o.o. The Prices on the Website may differ to prices in retail stores, catalogues or elsewhere. Internet offers relate to internet transactions only and may not be available in store. Likewise, temporary or locally special offers at the retail stores of LC Waikiki will not be applied to internet prices, except if otherwise expressly specified.
We have taken reasonable precautions to try to ensure that all Products are correctly priced. However, it is possible that, despite best efforts, some of the Products listed on the Website may be incorrectly priced. Prices shown in error shall not be binding on LC WAIKIKI RETAIL RS d.o.o., i.e. as mentioned above our display of Products on the Website represents an invitation and not an offer to sell those Products to you. An offer is made when you place the Order for the Products added in the virtual shopping bag. However, the distance sales agreement shall not be concluded until we accept your offer (see subsection C.5. above).
If LC WAIKIKI RETAIL RS d.o.o. discovers an error in the price of the Products you have ordered, we will inform you as soon as possible. LC WAIKIKI RETAIL RS d.o.o. will give you the option of reconfirming your Order at the correct price or cancelling it. If you already paid the price, LC WAIKIKI RETAIL RS d.o.o shall refund the paid amount.
 
C.11. Product Guarantees
For Products sold on our Website we guarantee conformity and quality, as per the related description on our Website.
 
All our Products bear:
  • a legal conformity guarantee of maximum 2 (two) years as customer protection for lack of conformity granted by law, representing the legal obligation of LC WAIKIKI RETAIL RS d.o.o. to bring the product to conformity by repair or replacement or to reimburse the Price, without further additional taxes in you charge. For products which have an average duration of use lower than 2 (two) years, the 2 (two) years term shall be reduce to the average duration.
 
C.12. Liability
 
LC WAIKIKI RETAIL RS d.o.o. is only responsible for losses that are foreseeable consequence of our breach of these Sale Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these Sale Terms and Conditions by anything you (or anyone acting on your behalf) do or fail to do or due to events which are beyond our reasonable control.
You must follow any instructions/advice we give you to keep Products you ordered safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to Products which is caused by your failure to follow such instructions/advice.

Nothing in these Sale Terms and Conditions shall limit or exclude LC WAIKIKI RETAIL RS d.o.o.’s liability for (i) death or personal injury caused by our negligence, (ii) fraud, (iii) any breach of the obligations implied by applicable compulsory laws or (iv) any liability which cannot be excluded by law.
SECTION D. COMMUNICATIONS
Communications, including notices, requests, complaints, between you and LC WAIKIKI RETAIL RS d.o.o. will be primarily electronic through e-mail or notifications posted on the Website, and also by sending the survey links by sms. By accessing the Website and placing Orders you agree to this electronic means of communication and you acknowledge that all agreement, notices, information and other communications that LC WAIKIKI RETAIL RS d.o.o. provides to you electronically comply with any legal requirement that such communications be in writing and on durable medium.
SECTION E. COMPLAINT SETTLEMENT PROCEDURE
If you have a complaint about us, please send complaint to the email serbia@lcwaikiki.info or to our Contact Center by phone 0800 525529 giving us full details including date of purchase and order reference number where applicable and your full name and address and contact details.
Trader / LC Waikiki Retail RS doo Beograd in accordance with the Law informs the customers that in case of rejection of the reclamation, the customer has possibility to initiate the procedure of out-of-court resolving of the customer’s disputes, and to submit the request to the competent body of authority from the List of competent bodies for out-of-court resolving of customers disputes such as:
  1. Gorazd Đurović, mediator, address: Jurija Gagarina no. 127/8/81, Belgrade, phone number 063/25-66-53, email address: gorazd@medijator.com
  2. Arbitration of customers’ disputes, permanent arbitration institution, address: Kraljice Natalije no. 38-40, Belgrade, phone number: 061/1112345, email: office@kmpt.rs

SECTION F. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by and construed in accordance with Serbian law.
Any dispute or discrepancy arising from the application or interpretation of these Terms and Conditions, including the Sale Terms and Conditions, which cannot be amiably settled, shall be settled by the Serbian courts from Belgrade.
 SECTION G. MISCELANEOUS
You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion, provided that such third party shall ensure the same level of guarantee and liability towards you.
No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
SECTION H. YOUR THOUGHTS
We are always open to your valuable opinions and feedback regarding our Website and you may always contact us with your comments and suggestions through our contact information specified under A.2.

 
ANNEX NO. 1.
To the Sale Terms and Conditions
 
WITHDRAWAL FORM
 
(complete and return this form only if you wish to withdraw from the distance sales agreement)
 
— To LC WAIKIKI RETAIL RS d.o.o. Belgrade, a company registered and functioning under the Serbian law, with headquarters in Serbia, Belgrade, Kneza Mihaila Street no. 44, duly registered with the Serbian Business Register Agency under registration no. 21097551, having TIN no. 108942206, e-mail address: support@lcw.com, telephone number: 011/4427-469
 
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) distance sales agreement signed on __________ of the following Products (*)
 
— Ordered on (*)/received on (*),
 
— Reason for withdrawal (please note that you are not obliged to specify the reasons):
 
_____________________________________________________________________
 
— Name of consumer(s),
 
— Address of consumer(s),
 
— Signature of consumer(s) (only if this form is notified on paper),
 
— Date of filling of the form
 
The Customer has the right, within 14 days as of receipt of goods, to withdraw from contract, without specifying the reasons. The customer bears direct costs of returning of goods. In case of withdrawal from contract, the customer has the right on money return. The customer does not have the right to withdraw from contract in case of delivery of goods manufactured per specific requirements of the customer or clearly personalized; delivery of goods which is subject to decrease of quality or which has short duration term; delivery of sealed goods which cannot be returned due to health or hygienic reasons and which were opened after delivery. Data which are given by the customer in this Form will be exclusively used for reporting of the changes in turnover of goods and LC WAIKIKI Retail RS doo Beograd will not use them in other purposes.