GENERAL TERMS & CONDITIONS
Article 1: Definitions
Information regarding the Products, such as price, color and an overview of its qualities, as shown on the Website.
The natural person who or the legal entity which buys a Product from LL Beachwear through the Website.
The agreement for the delivery of Products (distance selling order) between LL Beachwear and Customer and all further actions between LL Beachwear and Customer regarding the delivery of these products.
Products to be delivered or displayed by LL Beachwear, including in any case swim- and beachwear and any future Products
- In writing/Written
(Digital) communication by letter, e-mail, social media and online communication services.
LL Beachwear's internet website, <www.llbeachwearcom> and all current and future derivatives thereof.
Any creation or Product supplied by LL Beachwear under the Agreement.
Article 2: LL Beachwear
The one-(wo)man business LL Beachwear, established and having offices in Heerhugowaard, registered in the Trade Register under number 77928318.
Article 3: Applicability
- Underlying General Terms and Conditions apply to every Offer and Agreement and the implementation thereof between LL Beachwear and Customer. It also includes all acts related to the Agreement, both of a preparatory and executive nature. The General Terms and Conditions constitute the Agreement between LL Beachwear and the Customer.
- The General Terms and Conditions can be found on the Website and will be made available to the Customer before or at conclusion of the Agreement (provided electronically). When placing the order via the Website, a tick must be placed next to a link to these General Terms and Conditions.
- General terms and conditions of the Customer, or any other third party, do not apply.
- If specific Product Conditions are also in force, the provisions of the previous paragraphs also apply. In the event of a conflict, Customer can rely on the most favorable provision.
- LL Beachwear is entitled to change these General Terms and Conditions unilaterally. Changes will be announced on the LL Beachwear Website.
Article 4: Realisation of the Agreement; offer and acceptance
- The Offer is displayed on the Website and includes in any case a photo, price, size, color and a description of the Product. Customer should be able to make a proper assessment of the Product and is made aware of his/her rights and obligations which are associated with the purchase of the Product.
- LL Beachwear makes an effort to show the Products as accurately as possible in the photos on the Website. However, due to light, technical settings, use of different types of models and depending on the device of Customer, colors of the Products on the Website may deviate from the color of the real Products. As well as the fit.
- LL Beachwear is entitled to change the content of the Offer at any time for reasons of qualitative improvement.
- LL Beachwear is entitled to introduce discounts.
- LL Beachwear cannot be kept to its Offers if the Customer should have understood, in terms of reasonableness that the Offer, or any part thereof, contains an obvious mistake or clerical error.
- The Agreement between LL Beachwear and Customer is concluded when Customer accepts LL Beachwear's Offer and meets the conditions set by LL Beachwear. This is the moment that the Customer clicks the "place order" button on the Website after filling in all his/her details.
- Immediately after placing the order and making the payment, Customer receives a confirmation of acceptance of the LL Beachwear Offer by e-mail; the confirmation of receipt.
- If a Product is not (any longer) available during or after the conclusion of the Agreement LL Beachwear will immediately inform the Customer In Writing. Customer is then entitled to:
- dissolve the Agreement. If a payment was already made, it will be reimbursed within 14 (fourteen) days by the same payment method Customer used;
- suspend the delivery of the Product until the Product is back in stock. The Agreement between the Customer and LL Beachwear will remain unchanged, except the fact that the Customer then agrees to a later delivery. LL Beachwear will inform Customer of the expected later delivery time.
- Customer is not entitled to transfer its rights and/or obligations under the Agreement to third parties unless LL Beachwear has given prior Written permission.
Article 5: Products
- LL Beachwear aims to ensure that the Products comply with the Agreement, the specifications stated in the Offer, the reasonable requirements of reliability and/or usability and the laws and regulations applicable on the date of the conclusion of the Agreement.
- An (extra) guarantee provided by LL Beachwear, its suppliers, manufacturers or importers never limits the legal rights and claims that the Customer has under the Agreement if LL Beachwear has failed to fulfill its part of the Agreement.
- An additional guarantee means any obligation of LL Beachwear, its suppliers, importers or producers in which it grants the Customer certain rights or claims that go beyond what it is legally obliged to do in the event of failure to fulfill the requirements of the Agreement.
Article 6: Delivery & Pre-sale
- Delivery of the Products takes place within the delivery period stated on the Website, with the delivery service made available by LL Beachwear and within the conditions and rates associated with this service.
- The address which the Customer has provided to LL Beachwear via the Website will be mentioned as place of delivery. Reference is made to Article 8 paragraph 2 of these terms & conditions.
- LL Beachwear is entitled:
- to engage third parties for the fullfillment of her obligations under the Agreement. The necessary care will be taken in this regard. LL Beachwear is not liable for any shortcomings of these third parties;
- to deliver the order in stages, if necessary.
- LL Beachwear strives to deliver the products within the delivery period as stated on the Website. However, the period stated for the delivery is indicative and may never be interpreted as a strict deadline. There is no right to dissolution or compensation for the Customer in case of mere exceeding. LL Beachwear will contact the Customer to determine the delivery date in consultation and the Customer will allow LL Beachwear a reasonable period of time to deliver the Products.
- LL Beachwear will provide the following information in Writing to the Customer no later than at the conclusion of the Agreement: price of the Product and the additional shipping costs, method of payment, LL Beachwear contact details and complaints procedure, eventual possibility of withdrawal and the necessary information and, if applicable, return instructions.
- The moment LL Beachwear transfers the Products to the delivery service or Customer, the risk of damage and/or loss of the Products transfers to Customer, whereby LL Beachwear's responsibility will lapse.
If Customer refuses to accept the Product upon delivery by or on behalf of LL Beachwear, LL Beachwear is entitled to store the Product at the expense and risk of the Customer.
- LL Beachwear may offer and sell its Products as "pre-sale". In a pre-sale, the Customer agrees to already buy and pay for the Product but that delivery shall take place later. The Customer therefore secures the right to acquire and deliver the Product. Payment is made immediately upon conclusion of the Agreement, just as a regular purchases as referred to in Article 4 of these terms and conditions. However, the time of delivery differs. The expected time of delivery and possible deviating delivery conditions will be communicated to Customer in the order confirmation. The Customer will also be informed of the exact delivery date prior to delivery. The withdrawal period starts at the moment of receipt of the Product by the Customer.
Article 7: Pricing and payment
- The Agreement is concluded based on a binding and fixed price indicated in Euros.
- Unless explicitly stated otherwise in Writing, all prices and rates are including VAT and exclusive of shippings costs, special or additional import duties, clearance duties and other government-imposed taxes.
- LL Beachwear is entitled to adjust the prices and rates for promotional purposes such as sale. Customer can not combine promotions; only one promotion per Product is allowed. A price change after the conclusion of the Agreement gives no right to compensation to Customer.
- Prices and other conditions stated only relate to that specific Product and therefore do not automatically apply to a new Offer.
- Shipping costs depend on the country to which the shipment will be made. Based upon the request of the Customer they will be calculated and stated before the payment.
- Any export or import duties will be borne by the Customer. Costs charged by third parties are not part of LL Beachwear's prices and services.
- Sales tax is not applicable for sales to Customers outside the European Union (EU). Customer has to pay the relevant national import duties.
- Payment must be made net to LL Beachwear's bank account, without any discount, deduction or settlement and is made according to the payment methods mentioned on the Website. It is not possible to pay afterwards. As soon as the Customer has clicked on "place order" and has specified his/her bank, Customer will be directed to the banking environment where the payment takes place.
- Incoming payments are being used to settle (extra)judicial costs and interest, and then serve to settle the oldest payment obligations outstanding, independent of any other instruction by the Customer.
Article 8: Liability
- LL Beachwear will do her utmost and makes every effort to perform the Agreement to the best of its knowledge, ability and beliefs. This will be a best efforts obligation and shall not constitute an obligation to perform or a guarantee commitment. In the event of an imputable shortcoming, LL Beachwear is only liable for the direct and indirect damage including but not limited to replacement or processing costs of the Customer related to or arising from the Agreement, if this damage is the result of intent or gross guilt or recklessness of LL Beachwear.
- LL Beachwear is not liable for damage caused by incorrect, overdue or incomplete information sent (online) by the Customer.
- LL Beachwear’s liability shall in no event extend beyond reimbursement of a maximum of the invoice value agreed between the parties for the products delivered by LL Beachwear to the Customer. The extent to which the failure could be attributed to LL Beachwear determines the amount of compensation. Slight deviation cannot lead to compensation. LL Beachwear never covers more than the amount of damage reimbursed and paid out by its insurer under the corporate liability insurance.
- Direct or indirect damage resulting from entering into, maintaining and/or handling transactions and agreements between Customer and its (third) contracting parties is never the responsibility of LL Beachwear. Damage must be reported to LL Beachwear in Writing immediately after it occurs.
- Any claim against LL Beachwear expires by the mere lapse of 12 months after the claim arose.
- Provisions in this Article do not apply if the damage was caused by intent, gross negligence or recklessness on the part of the Customer.
- At all times LL Beachwear and Customer will do their utmost to find a solution in consultation.
Article 9: Force Majeure
- If LL Beachwear is prevented from (further) execution of the obligations under the Agreement due to force majeure of a permanent or temporary nature, regardless of whether the force majeure could be foreseen, LL Beachwear and Customer are not obliged to timely fulfill an obligation under the agreement that exists between parties.
- Force majeure is understood to include; non-attributable shortcoming of one of the parties as well as third parties or suppliers engaged by LL Beachwear, pandemic, epidemic, government measures in force, LL Beachwear disease, the temporary unavailability or insufficient availability of equipment or other telecommunication connections that have proved necessary for the delivery of the Products, riots, war, as well as any other situation over which LL Beachwear and Customer cannot exercise decisive control.
- Force majeure also includes:
- the situation in which the suppliers on which LL Beachwear depends to (timely) execute the Agreement do not deliver (on time) or otherwise fail to fulfill their contractual obligations towards LL Beachwear;
- elay, seizure or destruction by customs.
- Parties will inform each other in Writing of a situation of force majeure as soon as possible. If possible, the parties will try to find a solution in consultation.
- If a situation of force majeure continues for more than 14 (fourteen) days, both LL Beachwear and the Customer are entitled to suspend or dissolve the Agreement, whereby costs incurred by the Customer will be returned.
- Damage suffered as a result of force majeure is not at the expense and risk of LL Beachwear.
Article 10: Duty of investigation and complaints
- Customer needs to examine the Products directly after receipt and assess whether they meet the quality and quantity that are customary in ordinary course of trade. This means the Customer must examine whether the delivered products have all the characteristics they should have and whether they are complete and undamaged.
- Complaints must be communicated to LL Beachwear in Writing within a reasonable period after the defect has arisen. They must be made clearly and, if necessary, supported by photos.
- LL Beachwear strives to answer complaints in Writing and with motivation within 14 (fourteen) days after receipt. If LL Beachwear expects a response will take longer, she will indicate this as soon as possible.
- In any case, Customer gives LL Beachwear 4 (four) weeks to resolve a complaint by mutual agreement. After this period, the complaint is subject to dispute resolution.
- If a complaint is declared well-founded, Customer is entitled to repair, replacement (redelivery) or to cancel redelivery. It applies that minor deviations, deviations customary in the industry and characteristics that are specific to the Product concerned, such as quality, quantity, size, color or finish, cannot be charged to LL Beachwear.
- In no case does a complaint justify suspension of a claimable obligation. In the case of an order with multiple Products, the complaint with regard to one of those products does not affect the obligations under the Agreement with regard to the other products.
Article 11: Intellectual Property
- Copyrights or any other (intellectual) property rights to the format and content of the Website, the LL Beachwear Logo, concepts, creations, works, proposals, expressions on the internet, e-mails, techniques, other documents and information or any other expressions of, on behalf of or by LL Beachwear are vested in LL Beachwear.
- Copyrights or any other Intellectual property rights to Products delivered to the Customer under the Agreement are vested in LL Beachwear and/or its licensors and other third parties.
- The intellectual property rights, copyrights and (sub) licenses referred to in paragraph 1 and 2 cannot be transferred by agreement, unless agreed otherwise in Writing.
- Without prior Written permission from LL Beachwear, it is not permitted to edit, resell, reproduce or disclose any concept, material or information supplied by LL Beachwear to the Client, in whole or in part, or to make it available to third parties in any way or means, or to be made available to third parties for inspection, whether or not for a fee. It is not permitted to remove or change any indication regarding rights from information provided by LL Beachwear.
- Any use of a Work that is not agreed upon will be considered an infringement of LL Beachwear's copyright. Violation of the copyright or any other intellectual property right as described in the previous provisions of LL Beachwear by the Customer or a third party acting directly or indirectly in the exercise of the Agreement will immediately lead to a fine of at least EUR 1,000.00 being paid to LL Beachwear. Customer also compensates LL Beachwear for the actual damage suffered.
- Customer indemnifies LL Beachwear and protects LL Beachwear against any and all claims that third parties under the law could make within and out of court that are related to the provisions of this Article. Customer also indemnifies LL Beachwear with regard to all damage suffered or to be suffered thereby or in connection therewith in whatever form.
- Customer grants LL Beachwear permission to use for promotional purposes such as, but not limited to, portfolio, blog or social media. Customer may object to publication in Writing in advance.
- LL Beachwear may grant permission to distribute her Work. This may bet he case when a Customer shares screenshots from the Products on social media. Customer makes sure to comply with the following:
- LL Beachwear’s name, hashtag ánd account-name as mentioned on the relevant social media must be clearly stated with a Work used, or be included in the publication with reference to the work.
- reproducing and publishing a Work, Customer will at all times observe the personality rights of LL Beachwear in accordance with Article 25 Aw.
Article 12: right of withdrawal
Right of withdrawal
- The statutory right of withdrawal offers the Client the option to withdraw from the Agreement within 14 (fourteen) days upon receipt of the Product (hereinafter ‘cooling-off period’), free of charge and without stating reasons, unless one of the statutory grounds for exception applies. One of those grounds for exception concerns health protection and hygiene. Products that cannot be taken back after opening due to hygienic or health risks may be excluded from withdrawal.
- Although the Products of LL Beachwear fall under the deviation referred to in paragraph 1, LL Beachwear wants to offer its Customers to return Products.
Method of withdrawal
- Withdrawal is effected by doing the following within the cooling-off period:
- sending the withdrawal form to email@example.com or;
- sending an e-mail to firstname.lastname@example.org in which the Customer explicitly indicates that he / she wishes to withdraw from the Agreement.
- Upon receipt of the withdrawal referred to in paragraph 3, LL Beachwear will immediately send the Customer a receipt, the return instructions, including the return address and packaging method.
Obligations of the Client
- Within 14 (fourteen) days after the notification as referred to in paragraph 3, Customer returns the Product to LL Beachwear. This can be done by post.
- Customer ensures that the Products can and will not be damaged during transport.
- Customer ensures that the product will be returned and received by LL Beachwear being clean, undamaged, in its original condition and packaging, complete and including all associated parts.
- During the cooling-off period, Customer must handle the Products and packaging with care. Unpacking, assessing and using is only allowed to the extent necessary to determine the nature, characteristics and functioning of a Product. The way in which the Customer would do this in a fysical store is leading.
- If returned Products are not treated or returned in accordance with the previous paragraphs, the depreciation that has arisen as a result can be deducted from the fee to be refunded by LL Beachwear to the Customer.
- The risk and thus the burden of proof of the correct execution of the right of withdrawal lies with the Customer.
- The costs for returning the Products will be borne by the Customer.
- LL Beachwear will reimburse the costs of the returned products to the Customer within 14 (fourteen) days after LL Beachwear has received the notification of withdrawal from the Customer as referred to in paragraph 3. LL Beachwear has the right to wait with a refund until it has received the returned Products or when the Customer has demonstrated that the Products have been returned.
- For reimbursement, LL Beachwear uses the same payment method as the Customer used when purchasing the Product, unless Customer chooses a different payment method. This reimbursement is free of charge.
- Costs for a more expensive delivery than a standard delivery will not be reimbursed to the Customer.
Article 13: Privacy and Cookies
- LL Beachwear uses high-quality security techniques and encryption of the personal data. In case of negative interventions outside the influence of LL Beachwear, reference is made to Article 9 of these General Terms and Conditions.
- LL Beachwear does not accept any liability for any damage caused by the Customer's actions in violation of this article.
Article 14: Website
- LL Beachwear is at any time entitled to adapt the Website in terms of content, layout and other necessities at the discretion of LL Beachwear.
- LL Beachwear strives for the Website to function properly and to make it permanently accessible to the Customer. LL Beachwear cannot guarantee that the Website will function without restrictions or malfunctions, partly due to necessary maintenance and dependence on Internet and technologies. In that case, you can always call us or sen dan e-mail to email@example.com.
- LL Beachwear does not accept any liability or responsibility with regard to any damage resulting from or in connection with the use of the Website and its content. Direct or indirect damage as a result of programming by third parties, viruses and hackers that can lead to the modification, destruction, deformation, deactivation or inoperative of software, hardware and/or data of the Customer, Visitor or third parties is never the responsibility of LL Beachwear.
Article 15: Applicable law
- The Agreement is exclusively governed by Dutch law unless parties will agree otherwise in Writing in advance.
- Disputes between LL Beachwear and the Customer that cannot be settled amicably will be submitted to the competent court of Noord-Holland.