INTRODUCTION
These general terms and conditions are applicable to the use of this website and the agreement between us and you (hereinafter: “the TC”). In these TC the rights and obligations have been clarified of all users (hereinafter: “you” / “your”) and those of Lucky8cats (hereinafter: “us” / “our” / “we” / “the seller”) with regard to the goods/services that are offered by us, by means of this website or by means of only other websites to which we can refer or link (hereafter referred to with the collective name Lucky8cats -services”). Before you click on the button “approve payment” to place the order, we ask you to read these TC and our privacy statement carefully. By using this website or to place an order with it, you agree that you are bound by these TC and our privacy statement. If you do not agree with all TC and the privacy statement, then do not place and order. These TC may be subject to changes, so you need to read them carefully each time before you place an order. If you have questions about the TC or the privacy statement, then you can go to our website or contact us by means of our email form on the web. Lucky8cats is a Netherlands company, Zeedijk 100, 1012 BB Amsterdam, registered under number 34303213.
USE OF OUR WEBSITE
These TC are the only terms and conditions that are applicable to the use of this website and they replace all other TC, unless the seller gives explicit, prior and written permission. These TC are important both for you and us, because they create a legally binding agreement between us, and because they protect your rights as a valued customer and our rights as a company. By placing your order you agree that you accept these TC without precondition and that you have read them. You agree that: • You may only use the website to obtain legal information or to place orders; • You shall not place speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been placed, then we are authorized to cancel the order and to inform the concerned government entities about this. • You also oblige yourself to provide us with a correct and accurate e-mail address, postal address and/or other contact date and to acknowledge that we may use these data to contact you in case that this should be necessary (see our privacy statement). • If you do not provide us with all information that we need, we may not be able to process your order. By place an order via the website, you warrant that you are at least eighteen years of age and are legally capable to conclude a binding contract.
HOW THE CONTRACT IS CONCLUDED
The information that is provided in the TC and the information on this website do not constitute an offer to sell, but an invitation to enter into negotiation. There shall be no contract concluded with regard to whichever product between you and us until your order has been accepted by us. If we do not accept your offer and already money has been debited from your account, then this will be fully refunded. To place an order, you need to follow the online shopping process and to click on the button “approve payment” to send the order. After this you will receive an e-mail from us for the confirmation that we have received your order (the “confirmation of receipt”). This does not mean that your order has been accepted, because your order is an offer by you to us to buy one or more products from us. All orders are subject to acceptation by us and we confirm such an acceptation to you by sending you an e-mail in which we confirm that the product has been shipped (the “order confirmation”). The contract for the purchase of a product between you and us (contract) is only concluded when we send you the order confirmation. The contract only regards the products of which we have confirmed the shipping in the order confirmation. We are not bound to the delivery of any other products that possibly form part of your order until we have confirmed the shipping of such products in a separate order confirmation.
AVAILABILITY OF PRODUCTS
All orders for products are subject to the availability thereof and in this regard we reserve the right to provide you, in case of supply problems or because products are no longer in stock, with information about substitute products of equal or higher quality and value that you may order. If you do not wish to order such substitute products, then we will refund all the money that you possibly already have paid. Hereby we strive to remove no longer available products as soon as possible from the website, but we cannot guarantee that products that are offered actually are in stock.
REFUSAL OF AN ORDER
We reserve the right at all times to remove whichever product from this website and/or to remove or modify materials or content from this website. Although we make every effort to always process all orders, there may be exceptional circumstances because of which we have to refuse the processing of an order after we sent you an order confirmation. We reserve at all times the right to do this entirely at our own discretion. We are not liable towards you or any other third party because of the fact that we have removed a product from this website, irrespective of whether it has been sold or not, nor for the removal or modification of materials or the content of this website. YOUR
RIGHT OF WITHDRAWAL
As a consumer you may cancel a contract always within seven (7) days after receipt of your order. In that case you will receive a full refund of the price that you have paid for the products in accordance with our return policy (see article 13 below). Your right to dissolve a contract is only applicable to products that are returned in the same state as you have received them. You also need to return all instructions, documents and packaging materials of the products. Each product that has been damaged or is not in the same state as you have received it, or that is worn, will not be refunded. The labels also may not be removed. You therefore need to apply reasonable care for the product(s) if this/these are in your possession. More information over this right by law and an explanation about how you can exercise it, has been clarified in article 13 of these TC and summarized on the shipping confirmation. This clause leaves the rights by law as a consumer unaffected.
DELIVERY
On the basis of the stipulations of article 5 above, and unless there are special circumstances, we strive to comply with your order of the product(s) that is/are stated in the order confirmation on the delivery date that is been stated in the order confirmation or, if no estimated delivery date has been given, within fifteen (15) days after the date of the order confirmation. Reasons for delay may be: • modified items; • unforeseen circumstances; or • delivery area. If we for whatever reason cannot meet with the delivery date, we will notify you hereof and offer you the option to continue with the purchase before setting a new delivery date or by cancelling the order with full restitution of the paid amount. We do not deliver on Saturdays, Sundays and Holidays. In view of the current TC it is understood that the “delivery” has taken place or that the order has been delivered on the moment that there is a signature for receipt at the agreed delivery address. No deliveries take place to post boxes. Delivery takes place for as long as stock lasts. NOT ABLE TO
DELIVER
If after three attempts the goods cannot be delivered to the buyer, then the goods will subsequently be returned to the supplier, where you can collect these subsequently in the shop located at Zeedijk 100, 1012 BB Amsterdam, the Netherlands or to make a new delivery date. Additional costs are fully for the account of the buyer.
TRANSFER OF RISK- AND OWNERSHIP
The risk for the products is for you from the moment of delivery. The ownership of the products is only transferred to you when we have received full payment or all due amounts with regard to the products, inclusive of delivery costs, or after delivery (as defined in article 7 above), should this be later.
PRICE AND PAYMENT
The price of the products is the price that is stated from time to time on our website, except when there is an obvious mistake. Although we do our utmost to ensure all prices on our website are accurate, errors are always possible. If we discover an error in the price of one or more products that you have ordered, then we will notify you as soon as possible and give you the option to confirm the order against the correct price or to cancel this. If we cannot contact you, then the order will be treated as if cancelled. If you already paid for the product(s) then you will receive a full refund. We are not obliged to sell the product(s) to you against the incorrect (lower) price (even not if we already sent you an order confirmation) if it is clear and unmistakably that the price is wrong and that you could have reasonably known this. The prices on our website are inclusive of VAT, and inclusive of delivery costs for deliveries within the Netherlands. The delivery costs for deliveries abroad are added to the total due amount as clarified in our overview of shipping costs. Prices may change at all times but possible changes are not of influence on orders for which already an order confirmation has been sent (except in situations as stated above). You can pay with IDEAL, Visa, MasterCard, American Express and PayPal. In order to minimize the risk of non-authorized access, the data of your card are encoded. On the moment that we receive your order, we execute a pre-authorization on your credit card to establish whether there are sufficient funds to complete the transaction. The amount is debited to your card on the moment that your order leaves the warehouse. If you pay by PayPal the amount is debited on the moment that we confirm the order to you. By clicking on “Authorize payment”, you confirm that the credit card is yours. Credit cards are subjected to validity checks and permission by the provider of your credit card. If we do not receive the desired permission, then we are not liable for a possible delay or non-delivery and we are not able to enter into a contract with you.
VALUE ADDED TAX
According to the current regulation all purchases that take place by means of the website are subject to Value Added Tax (VAT). In this regard and according to chapter I of Title V of the directive of the Council 2006/112/EG of 28 November 2006 concerning the community system of VAT the place of delivery is required to be in the member state of the address where the items need to be delivered and should the VAT be calculated according to the percentage that is in force in the concerned member state where the items need to be delivered according to the placed order(s). In accordance with the applicable regulations in any jurisdiction, the rule of “relocation of the levy” (article 194 of the directive 2006/112) can be applicable to goods that are delivered in certain member states of the European Union if the customer for VAT purposes is or should be a taxable person. If this is the case, then we will charge no VAT, provided that the recipient confirms that the VAT over the delivered items are taken for his account according to the procedure for relocation of the levy. Orders that need to be delivered to the Canary Islands or in Ceuta of Melilla, are free of VAT as foreseen in article 146 of the above directive, provided that the applicable taxes and custom duties are complied with the regulations in force.
CUSTOMS, DUTIES AND TAXES
1. The customer is liable to ensure that the product can be imported legally in the country of destination. When an order is placed with Lucky8cats , the recipient Lucky8cats be the registered importer who has to comply with the laws and regulations of the country of destination. The country of destination may be subject to import taxes, customs duties and levies for orders that are shipped to countries outside the European Union. The recipient of an international shipment can be subject to such import taxes, customs duties and levies, which are levied as soon as the shipment reaches the country of destination. Additional costs for clearing are borne by the recipient; Lucky8cats has no control over these costs and cannot predict to how much these will amount. 2. In order to prevent that the customer is being confronted with unexpected costs, we advise the customer to contact with the local customs office and to inquire about the current costs, before placing an order.
EXCHANGE/RETURN POLICY
If you wish to dissolve the contract within the period specified above in article 6, then you can return your purchase within seven (7) days to us by sending this via UPS. You are required to send the product in the same package as in which you have received it according to the directions in the section about “RETURNS” on our website. Via the website www.lucky8cats.com you need to report your return and to arrange yourself for shipping via UPS. We point the customer at the fact that the costs of the return shipment are not paid by Lucky8cats. Shipping costs for products that reached you in a damaged state will indeed be compensated by . If you return the goods to us Lucky8cats on our expenses, we are authorized to take recourse for the direct costs incurred by us on you. In case of doubt, you can contact us by sending an e-mail to info@lucky8cats.com . After we checked the product, we will let you know whether or not you are entitled to a refund. After we received the article purchased by you, we will process your refund within 30 days. Refunding takes place in the same manner as the article has been paid for. Products that are not in the same state as the state of delivery or that have been used and not only opened, are not exchanged or refunded. Exchange is only possible if it concerns the same product, with different size or colour. Return of defect products: when you are of the opinion that the product on the moment of delivery does not comply with the contract, then you need to contact us immediately viai info@lucky8cats.com, stating the order number and a description of the damage. Shipping costs for damaged articles will be paid for by Lucky8cats.com After receipt of the returned product we will inspect it completely and notify you within a reasonable time period via e-mail about your right to replacement or refund (if applicable). We strive to process the refund or replacement within thirty (30) days after our confirmation to you by e-mail, whereby you have the right to a refund or replacement of the non-conforming product. If a defect exists, then the defective products will be fully refunded, inclusive of a refund of the delivery costs and all costs that you have reasonably made to return the item. We shall always refund money according to the method that you have used to make the payment. These stipulations do not affect your lawful rights under the regulations in force.
LIABILITY AND DISCLAIMERS
Our liability in relation to any product that has been purchased via our website is limited to the purchase price of that product. Nothing in these TC form an exclusion or limitation in any manner of our liability: • for death or personal injury caused by our negligence; • for fraud or fraudulent presentation of matters; or • for any matter for which or would be illegal or unlawful to exclude or limit our liability, or to make an attempt thereto. Except for the stipulations set forth in the previous paragraph and to the extent permitted by law and unless stated differently in these TC, we accept no liability for indirect losses/damage that is/are caused as a consequence of the main damage or damage arisen in any way and accuse by an unlawful act, breach of contract or otherwise, even when foreseeable, including but not limited to any: • loss of income or revenues; • loss of turnover; • loss of profits or contracts; • loss of expected savings; • loss of data; and waste of management or office hours. Because of the open character of this website and the possibility of errors in the storage and transmission of digital information we give no guarantee for the preciseness and security of information that has been sent to or obtained from of this website, unless explicitly stated differently on this website. All product descriptions, information and materials that are stated on this website, are delivered “as is”, without explicit or implicit warranties or guarantees otherwise. To the extent permitted by law, but without excluding something that according to the law cannot be excluded in case of consumers, we refuse all other guarantees of whichever nature. The stipulations of this article leave your lawful rights as a consumer or your rights on cancellation of the contract unaffected.
INTELLECTUAL PROPERTY
]You acknowledge and agree that any copyright, all (trade) marks and all other intellectual property rights regarding any material or the content (as part) of the website at all times lie with us or our licensors You may use this material only if you thereto have received explicit permission from us or our licensors. This does not preclude that you, in order to use website, make a copy of an order or of contract data.
COMMUNICATION IN WRITING
]The applicable regulations require that certain information or communication that we send to you has to be in writing. When you use our site, you accept that the communication with us take place predominantly electronically. We shall contact you per e-mail or provide you with information by placing notifications on our website. For contractual purposes you agree with these electronic communication instruments and you acknowledge that all contracts, notifications, information and other communication that we convey to you electronically comply with the requirement by law that such communication should take place in writing. These stipulations do not affect your legal rights.
NOTIFICATIONS
All notifications that you send us, you can direct to: info@lucky8cats.com In accordance with and as specified in article 16 above, we can send notifications tor you via the e-mail address or postal address that you give us when you place an order. Notifications are deemed to be received and executed properly 24 hours after the sending of an e-mail. In order to prove that a notification has been done, it suffices to prove that such an e-mail has been sent to the stated e-mail address of the addressee.
ASSIGMENT OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding for you and us and for our respective successors entitled parties. You are not authorized to, without our prior consent in writing, assign a contract, or your rights of obligations that derive from it, to encumber them with limited rights or otherwise transfer them. We are authorized to assign, transfer, encumber, tender, whether or not by means of sub-contracting or otherwise transfer a contract, of our rights or obligations that derive there from. For the avoidance of doubt, we state here that such an assignment, transfer, encumbering or other transfer does not affect your lawful rights as a consumer or an explicit or implicit warranty or guarantee than may have been given by us to you.
FORCE MAJEURE
We are not liable or responsible for the non or delayed compliance with our obligations under a contract if this has been caused by events that are not imputable to our fault, neither by law, legal act or that are for our account according to the views in trade (“Force Majeure situation”). A Force Majeure situation emerges from any act, event, absence of an event, or accident that is reasonable outside our control consists of in particular (without limitations) of the following: • Strikes, exclusion of employees or other industrial actions. • Interior disturbances, riots, invasion, terrorist attack or threat thereof, war (declared or not) or threat of or preparation for a war. • Fire, explosion, storm, flooding, earthquake, collapse, epidemics or other natural disaster. • Impossibility of the use of transport per train, boat, airplane, road vehicle or other public or private means of transport. • Impossibility of the use of public or private telecommunication networks. • Resolutions, decrees, laws, regulations or limitations by the government. • A strike, error or accident in a transport company, postal company or another relevant enterprise. Our performance in the basis of a contract are suspended for the period that the Force Majeure situation lasts and for the duration of this period we are authorized to extend the time for the performance of our deliverables. We shall make reasonable efforts to terminate the Force Majeure situation or to find a solution to execute our obligations according to the contract despite the Force Majeure situation.
WAIVER OF RIGHTS
If we at any moment during the tenor of a contract do not succeed in demanding full compliance with your obligations under the contract or TC, or if we do not succeed to exercise rights or legal measure to which we are entitled according to the contract, then this does not constitute a waiver of such rights or legal measures and you are not relieved from your obligations to compliance. A waiver by us from the demand to compliance does not constitute a waiver for a later default. A waiver by us of these TC is not valid, unless it is explicitly stated that it concerns such a waiver and that has been notified to you in writing, in accordance with the stipulations in the article above about notifications.
CONVERSION
If any of these TC or any of the stipulations of a contract has been declared by a competent entity in any way invalid, unlawful or non-executable, then such a term, condition or stipulation shall be severed in such a way from the remaining TC and stipulations that remain in force to the extent permitted by law.
ENTIRE AGREEMENT
These TC and any document to which there is an explicit reference in these TC constitute the entire agreement between you and us with regard to the subject of a contract and replace any previous agreement understanding or arrangement between you and us, either verbally or in writing. By concluding this contract both you and we acknowledge that neither you nor us have made a claim to any declaration, guarantee or promise that has been given by the other party or can be implicated from something that has been said or written during negotiations between you and us prior to such a contract, unless this is explicitly stated in these TC. You nor we shall use a legal instrument with regard to an untrue declaration that has been issued prior to the date of a contract by the other party, either verbally, or in writing (unless such an untrue declaration has been issued in a fraudulent manner) and the only legal instrument of the other party shall be for breach of contract, as foreseen in these TC.
OUR RIGHT TO CHANGE THESE TC
We have the right to review and change these TC from time to time. You are bound by the policy and the TC that are in force on the moment that you order products from us, unless a change of this policy, these TC or the privacy statement is required by law or a government entity, in which case the change is also applicable to orders that have been placed by you previously.
APPLICABLE LAW AND CHOICE OF COURT
Contracts for the purchase of products via our site are governed by the laws of the Netherlands. Any dispute that emerges from or relates to such contracts are subject to the non-exclusive competency of the Dutch courts. If you conclude a contract as a consumer, then nothing in this article shall affect your rights as such.
FEEDBACK
We welcome your commentary and feedback. All your feedback and remarks you can send to us via: info@lucky8cats.com