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LCWAIKIKI ONLINE STORE
GENERAL TERMS AND CONDITIONS
ABOUT THESE TERMS AND CONDITIONS (“Terms and Conditions”)
The following pages provide detailed information about who LC WAIKIKI (“LC WAIKIKI”, “We”, “Us”) is and the legal terms and conditions that govern your use of www.lcwaikiki.com (“Website”, “Online Store”) as well as any purchase of a product you order online from LC WAIKIKI.
When registering an Account on our Website you shall be provided via 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. This will be emailed to the email address provided while registering an account in the website.
It is recommended that you read and fully understand our terms and conditions before placing an order. 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 via 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.eg, you confirm that you have read and understood the Terms and Conditions and that you agree to be fully bound by their provisions.
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 ,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 |
| 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. |
| Country | Charges | Estimated Timescale |
| IRAQ | 7,000 IQD | 10-15 DAYS |
Orders are usually delivered within 7 (seven) to 14 (fourteen) business days from the date of Order acceptance. Even one or multi-packages. The delivery schedule is usually met, although LC WAIKIKI cannot guarantee punctuality. In any event, LC WAIKIKI shall use all reasonable endeavours to ensure delivery of the Products to you within 30 (thirty) days as of the acceptance date. You can track the status of the delivery either by accessing your Account, or 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 including the acts of the courier company.
C.8. Returns of Non-conforming Products
You have the right to return defective products or non-conforming products. You have 2 (two) months from the moment of detecting product non-conformity to inform in writing LC WAIKIKI about the defect or lack of conformity and to initiate the return of the product to LC WAIKIKI. Such defect or lack of conformity has to become apparent during a 2 years (two) term starting with the delivery date. 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.
Should your claims be justified, LC WAIKIKI shall refund the value of the Product, as well as the direct costs involved in the return, within 15 (fifteen) calendar days starting with the date on which you have informed us about the lack of conformity or with the date you have handed-over to us or to a delegated person the product based on a transfer minutes.
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.
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:
Kaplan Retail for General Trading . Iraq.Erbil .100 Mtr Road.Ekhlas Empire Building. 2nd Floor Apartment number 14
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 choose 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 contract. 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. (The refund of payment orders cash on delivery will be defined as Lcw Money.)
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
The following Products are exempt from withdrawal: made to measure orders or personalized Products, lingerie and swimwear Products which are sealed due to hygiene reasons.
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 bear the direct cost of the return,
- to return the Products in good condition and in their original packaging,
- as applicable, you shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
LC WAIKIKI’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,
- In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods 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 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 + 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. 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 local special offers in store do not apply to internet prices unless 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.
If 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 of reconfirming your Order at the correct price or cancelling it.
C.11. Product Guarantees
For Products sold on our Website we guarantee conformity and quality, as per the related description on our Website and as per the provided Warranty Certificate.
All our Products bear:
- a commercial guarantee of 14 (fourteen) – 30 (thirty) days, representing a commitment made by LC WAIKIKI to you, to refund the Price, repair or replace the Product, without further additional taxes in your charge, in case the Product does not correspond to the conditions indicated within the Warranty Certificate or related publicity,
- 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 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 is only responsible for losses that are foreseeable consequences of our breach of these 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’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 will be primarily electronic through e-mail or notifications posted on the Website. 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 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 email [iraq@lcwaikiki.info] giving full details including date of purchase and order reference number where applicable and your full name and address and contact details.
We shall provide you with our official reply/solution, by e-mail, within 5 (five) business days as of the receipt of your complaint.
Should you be unsatisfied with our proposal, you can further address your complaints:
SECTION E. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by and construed in accordance with İraqı law. However, in accordance with 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, as consumer, also enjoy the protection granted to you by your national laws which cannot be derogated from by agreement.
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 Iraqi courts from Erbil. However, should this choice of jurisdiction be discouraging to you due to a considerable distance from your location, this clause may be renegotiated.
SECTION F. 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 G. 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 Kaplan Retail for General Trading/LCWAIKIKI ; a company registered and functioning under the Iriqi law, with headquarters in iraq, commercial register number 6912, and whose pricipal office is located at Ekhlas Empire Building , 100 Miter ,Second Floor,Apartment Number 2 ,Erbil.
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) distance sales agreement of the following Products (*)
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date