Terms and Conditions
Lois Hermanos Azules Online B.V.
Gerard Doustraat 741072 VV AMSTERDAM
Phone: 0031 (0)2 03 100 117
E-mailaddress: loisjeanstore@loisjeans.com
Chamber of Commerce: 65930479VAT number NL856321588B01
Article 1 | Definitions
Agreement:
means the agreement concluded through
the Website between Lois Jeans and the
Customer, whereby the Customer orders
one or more Products.
Customer:
means a natural person, not acting as a
professional or for commercial purposes.
Intellectual property rights:
means all, copyright, trademark rights,
design - and model rights and/or other
(intellectual property) rights, also including
rights pertaining to data bases or other
products of commercial knowhow.
Lois Jeans:
means de limited liability company Los
Hermanons Azules Online B.V., Chamber
of Commerce number: 65930479.
Order:
means the Products as purchased by
Customer using the Website.
Personal data:
means all data provided by the Customer
to Lois Jeans.
Products:
means the Lois Jeans products offered on
the Website.
Reflection period:
means the period of 14 days after receipt
of the Product(s) in which the Customer
can invoke its right of withdrawal of the
Order.
Right of withdrawal:
means the right of Customer to return the
purchased Products without any given
reason.
Website:
means the Website and webshop
operated by Lois Jeans to be reached on
the domain name www.loisjeanstore.com.
Article 2 | Applicability
2.1 These terms and conditions shall apply to all legal relations between Lois Jeans and Customer, including to all Products and more specified the Products as described in the Order. These terms and conditions apply to the relationship between the parties, also if the Agreement is no longer in force.
2.2 Deviation and/or additions to any provision of these terms and conditions shall solely be applicable when explicitly agreed in writing and shall have no general effect. All other remaining provisions shall remain unimpaired.
2.3 By accessing and using the Website and by placing an Order, the Customer indicates to have read, understood and agreed to be bound by these terms and conditions and all other rights and obligations, for example but not excluding the privacy policy and cookies, as stated on the Website.
2.4 If any one or more of the provisions contained in terms and conditions shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these terms and conditions, and these terms and conditions shall be construed as if such invalid, illegal or unenforceable provision had never been contained in it.
2.5 All stipulations in these terms and conditions have also been drawn up for the benefit of all directors of Lois Jeans and all employees of Lois Jeans and / or persons that have been engaged by Lois Jeans.
2.6 Lois Jeans reserves the right to amend, add or remove any provision of these terms and condition at any time without prior written notice. The latest version of these terms and conditions will placed on the website.
Article 3 – Agreement
3.1 The Agreement is concluded, subject to article 4, at the time of acceptance by the Customer of the offer and compliance with the associated conditions, such as filling in all necessary information requested on the Website and clicking the agree function. The form completed by the Customer and these terms and conditions together form a full representation of the rights and obligations of Lois Jeans and the Customer.
3.2 After receiving the acceptance of the offer by Customer Lois Jeans shall send a purchase confirmation stating the acknowledgement of the Order.
3.3 In the event that Lois Jeans has good reasons not to enter into the Agreement, Lois Jeans is entitled to refuse an Order or request or to attach additional conditions to the execution of the Agreement.
3.4 Lois Jeans will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a safe web environment. Lois Jeans will observe appropriate security measures for their offered payment methods.
3.5 Offers shall be valid for as long as the Product supplies last. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
3.6 The offer contains a description as complete and accurate as possible of the Products to enable Customer to properly assess the offer. However, Lois Jeans cannot guarantee that the color (s) of Products as shown on the Website exactly matches the actual color (s) of the products.
3.7 Obvious mistakes or errors in the offer do not bind Lois Jeans. In the event of a mistake and/or error Lois Jeans shall inform the Customer as soon as possible.
Article 4 – Right of Withdrawal
4.1 When purchasing Products, the Customer has the option to cancel the Agreement without giving any reason (the right of withdrawal) within 14 days. This period commences on the day after receipt of the Product by the Customer or a third party designated in advance by the Customer.
4.2 During the Reflection period of 14 days after receipt of the Product(s), Customer will handle the Product(s) and packaging carefully. Customer shall only unpack or use the Product to the extent necessary to asses whether Customer wishes to retain the Product. If Customer wishes to exercise its right of withdrawal, Customer can return the Product provided that the Product is in good, original condition, has not been worn and all price tags and/or labels are still attached.
4.3 The Customer is responsible for the manner in which the Product is returned to Lois Jeans and bears all risks until the Product has been received by Lois Jeans.
4.4 The Customer is only liable for the depreciation of the Product that is the result of a way of handling the Product that goes further than permitted under paragraph
4.5 Lois Jeans will refund all payments received from the Customer in relation with the returned Product(s) within 30 days of the date of receipt of the returned Product(s) by Lois Jeans. In the event that the Right of withdrawal has not been exercised within 14 days after receipt of the Product, Lois Jeans is entitled to refuse a refund. The Customer shall be responsible to provide proof of a timely invoked right of withdrawal of the Order. 4.6 Refunds will be issued by the same method of payment and on the same credit or debit card as the original purchase (except for gift cards and e-gift cards, in which case Customer will be refunded a credit onto a new gift card). Shipping charges and sales tax on shipping are non-refundable.
Article 5 – Costs in case of withdrawal
If the Customer exercises its right of withdrawal, the Customer will be responsible for costs of returning the Product.
Article 6 – Prices and payment method
6.1 The prices of the Products will be stated on the website at the time you submit your Order. Prices for the Products may change from time to time, but changes will not affect any placed Order.
6.2 The price of a Product is inclusive of VAT but exclusive of any delivery costs or any other additional costs. The delivery costs and/or any other additional costs are indicated before the confirmation of the Order by Customer.
6.3 During the period of validity stated in the offer, the prices of the offered Products will not be increased, except for price changes as a result of changes in VAT rates.
6.4 The Customer must pay the payments to Lois Jeans according to the payment methods given in the ordering procedure on the Website. Lois Jeans offers the Customer several different payment methods: a. payment by electronic payment (iDeal); b. payment with a credit card (Mastercard/Visa); c. payment with Bancontact / Mr Cash; d. payment with Giropay; e. payment with Maestro; and f. payment with Paypal.
6.5 Lois Jeans reserves the right to expand their payment methods. New payment methods shall be indicated on the Website.
6.6 Lois Jeans reserves the right to accept only certain types of payment, or to refuse a transaction.
6.7 Any amounts (still) owed by the Customer after the delivery of the Products must be paid by the Customer within 14 days after the start of the Reflection period as referred to in Article 4, or in the absence of a Reflection period within 14 days after the conclusion of the Agreement.
6.8 if the Customer fails to pay any amount due in time, after the Customer has been informed by Lois Jeans of the late payment and Lois Jeans has given the Customer a period of 14 days to still fulfill the payment obligations, and the payment has not been made within this 14 day period, the Customer will owe statutory interest in accordance with Article 6:119 of the Dutch Civil Code, calculated from the due date until the date of payment in full.
6.9 Lois Jeans is entitled to charge the Customer any resulting judicial and extrajudicial collection costs. The extrajudicial collection costs are due from the moment that the Customer is in default and are set at 15% (fifteen percent) of the claim with a minimum of EUR 150 (one hundred and fifty euro).
6.10 In the event that the Customer has not fulfilled its payment obligations Lois Jeans has the right to suspend the Agreement or terminate the Agreement until the Customer has fulfilled all of his/her payment obligations, including the payment of all interest and extrajudicial costs and other reasonable additional costs incurred by Lois Jeans.
Article 7 – Delivery
7.1 The Products are delivered to the address provided by the Customer. Inaccuracies in the address are at the expense and risk of the Customer.
7.2 No rights can be derived from the delivery period stated on the Website. The stated delivery time is an indication. If the delivery of the Product cannot be carried out within the stated delivery period, Lois Jeans will notify the Customer without delay.
7.3 Lois Jeans will deliver the Product to the Customer within 30 days after the Agreement has been concluded. If Lois Jeans is unable to deliver the Product within 30 days, the Customer has the right to terminate the Agreement without costs.
7.4 In the event that a Product is no longer available, Lois Jeans will immediately inform the Customer and offer a replacement Product. In this case, the Customer has the right to terminate the Agreement without cost.
7.5 Lois Jeans is, save for force majeure and without prejudice to the other provisions of these terms and conditions, liable for damage to and/or loss of the Products that has occurred during the period from the placement of the Order to the time of delivery. From the time of delivery, the risk of damage and/or loss is borne by the Customer.
Article 8 - Compliance
8.1 Lois Jeans will execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
8.2 Lois Jeans will ensure that the Products comply with the Agreement, the specifications stated on the Website and, on the date of delivery, comply with existing legal provisions and government regulations.
8.3 Additional Arrangements offered by Lois Jeans, its manufacturer or its importer as a guarantee do not affect the rights and claims that the Customer can assert under the law with regard to a shortcoming in the fulfillment of Lois Jeans's obligations towards the Customer or the Agreement.
8.4 Lois Jeans is not responsible for defects that arise after the delivery of the Products as a result of improper use or lack of care, or that are the result of changes that the Customer or a third party has made to the delivered Products. Nor does Lois Jeans guarantee any damage that may arise as a result of these defects.
Article 9 - complaints
9.1 In the event that Customer finds that Lois Jeans did not fulfil its obligations towards Customer, Customer will notify Lois Jeans. Complaints must be submitted by filling in the complaint form and sending the complaint form by e-mail to Loisjeanstore@Loisjeans.com within 14 days after delivery of the Products concerned.
9.2 Complaints submitted to Lois Jeans will be answered within a period of 14 days from the date of receipt of the complaint form. If a complaint requires a foreseeable longer processing time, Lois Jeans will respond within a period of 14 days with a notice of receipt and an indication when the Customer can expect a more detailed answer.
9.3 If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 (in words: three) months after the complaint has been submitted, the Customer can turn to the competent court.
9.4 If a complaint is justified, Lois Jeans shall have the opportunity to properly execute the Agreement, meaning the replacement of the Product. In the event that it is no longer possible to execute the Agreement according to objective standards, Lois Jeans shall refund to the Customer the value of the Product increased by any shipping costs as may apply. The refund shall, in principle, take place via the same method of payment used by the Customer when ordering the Product.
9.5 Timely filed complaints will also not be processed if it appears that third parties made changes to or repaired parts of the Product delivered by Lois Jeans.
Article 10 – Intellectual property
10.1 All Intellectual property rights related to Lois Jeans, the Product and the Website, belong at all times to Lois Jeans.
10.2 It is prohibited for the Customer, without written consent from Lois Jeans, to use the Intellectual property rights for publications or reproductions except where noncommercial personal use in respect of the Product itself is involved.
Article 11 - personal data
11.1 The Customer is aware that by using the Website he/she provides certain Personal Data to Lois Jeans, for example name, address, bank details and e-mail address.
11.2 If the Customer agrees to these terms and conditions, the Customer gives permission for the processing of his/her Personal Data in connection with the use of the Website and the execution of the Agreement. The processing of the Personal Data takes place in accordance with applicable laws.
11.3 By agreeing to these terms and conditions, the Customer agrees to the privacy policy applied by Lois Jeans, as shown on the Website.
11.4 Lois Jeans shall request the consent of the Customer prior to the sending of any promotional emails or other communications.
Article 12 – Force Majeure
12.1 Lois Jeans shall not be liable for failure to fulfil any obligation towards Customer if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to the loss of data due to computer hindrance, virus infection, computer hacking by third parties or other calamities preventing and/or limiting Lois Jeans to deliver he products and other serious disruptions in the daily business of Lois Jeans. Force majeure also explicitly includes the inability of Lois Jeans to deliver as a result of the failure of a Lois Jeans supplier.
12.2 In the event that after the conclusion of the Agreement it appears that the execution is difficult or impossible for Lois Jeans due to force majeure, Lois Jeans has the right to cancel the Agreement or to suspend the execution thereof, insofar as they still require fulfillment, at the option of Lois Jeans, in which case the Customer, considering the circumstances of the case, will be informed as soon as possible, without Lois Jeans being liable for any damages in whatever form except under the provisions of Article 78 of book 6 of the Dutch Civil Code.
Article 13 -Liability
13.1 Any compensation to be paid by Lois Jeans for damage to or loss of the Products will never exceed the value of the Products.
13.2 Lois Jeans is not liable for any losses, unless the Customer proves that such losses are the result of fault or negligence on the part of Lois Jeans.
13.3 Lois Jeans is not liable for any damage that the Customer suffers as a result of the improper and unsafe use of the Product by the Customer, except and if there is intent or gross negligence on the part of Lois Jeans.
13.4 At all times, Lois Jeans’s total liability is limited to the amount to be invoiced by Lois Jeans to the Customer per Order or series of Order with one and the same cause of damage. The only exception to this maximum liability is in case of intent (opzet) and/or gross negligence (bewuste roekeloosheid) of Lois Jeans.
Article 14 – Governing law and jurisdiction
This Agreement shall be construed in accordance with the Laws of The Netherlands and the
competent courts in Amsterdam shall have sole and exclusive jurisdiction in relation thereto.