Luli Fama provides services to you on www.lulifama-eu.com desktop and mobile versions and is subject to the terms set forth herein. When you use any of our services, you are subject to the policies, terms, and conditions applicable to that service. We reserve the right to change any of the information on www.lulifama-eu.com and these terms and conditions at any time. By accessing or otherwise using www.lulifama-eu.com via desktop, tablet or phone you are indicating your agreement to the Terms and Conditions contained herein. Please read them carefully.
By accessing or using the websites, you are accepting these terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these terms (on behalf of yourself or the entity that you represent). You may not access or use the websites or accept the terms if you are not at least 18 years old in the USA and 16 years old with parental consent in the European Union. If you do not agree with all of the provisions of these terms, do not access and/or use the websites.
Subject to these Terms and Conditions, Luli Fama hereby grants you a limited, revocable, non-exclusive license to access and use the www.lulifama-eu.com website on your desktop, tablet or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from the Luli Fama website unless expressly permitted by Luli Fama. Luli Fama reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to www.lulifama-eu.com.
Article 1 – Definitions
The following definitions apply in these conditions:
- Agreement: an agreement whereby the Customer acquires products, in connection with a remote purchase and these goods are supplied by the Entrepreneur or by a third party on the basis of an agreement between that third party and the Entrepreneur.
- Period of withdrawal: the period within which the Customer can make use of his right of withdrawal and is able to cancel the agreement.
- Customer: the natural person who does not act for purposes related to his trade, business, craft or professional activity.
- Day: calendar day.
- Sustainable data carrier: any tool - including e-mail - that enables the Customer or Entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is geared to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the ability of the Customer to cancel the remote purchase within the period of withdrawal.
- Entrepreneur: the natural or legal person who offers products to Customers remotely.
- Remote purchase: an agreement concluded between the Entrepreneur and the Customer within the framework of an organized system for the remote selling of products, whereby up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for remote communication.
- Model form for cancellation: the European model form for cancellation included in Annex A of these terms and conditions. Annex A does not have to be made available if the Customer has no right of withdrawal with regard to his order.
- Technology for remote communication: means that can be used to conclude an agreement, without the Customer and trader having to come together in the same room at the same time.
Article 2 – Identity of the Entrepreneur
|Luli Fama Europe B.V.
7317 AN Apeldoorn
Visits on appointment only.
|Phone number: [PHONE NUMBER]
E-mail address: firstname.lastname@example.org
Luli Fama Europe B.V. is a subsidiary company of Earth & Sea wear LLC.
Article 3 – Applicability
- These general terms and conditions apply to every offer from the Entrepreneur and to every remote purchase concluded between the Entrepreneur and the Customer.
- Before the remote purchase is concluded, the text of these general terms and conditions is made available to the Customer. If this is not reasonably possible, the Entrepreneur will indicate before the remote purchase is concluded, how the general terms and conditions can be viewed and that upon request they will be sent to the Customer free of charge as soon as possible.
- If the remote purchase is concluded electronically, contrary to the previous paragraph and before the remote purchase is concluded, the text of these general terms and conditions may be made available to the Customer electronically in such a way that the Customer can save them on a durable data carrier. If this is not reasonably possible, before the remote purchase is concluded there will be an indication where the general terms and conditions can be read electronically and/or that they will be sent free of charge electronically or otherwise at the request of the Customer.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply and in the event of conflicting conditions the Customer can always invoke the applicable provision that is most relevant and beneficial to him.
Article 4 – The offer
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Customer. If the Entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the Entrepreneur.
- Each offer contains all relevant information so that it is made clear to the Customer what rights and obligations fall upon him when accepting the offer.
This involves in particular:
- The price, including any applicable taxes,
- Any delivery costs, if applicable,
- The way in which the agreement will be concluded, and what actions are needed to establish this,
- Whether or not the right of withdrawal is applicable,
- The form of payment and delivery,
- The time frame for accepting the offer.
Article 5 – The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the Customer accepts the offer and meets the corresponding conditions.
- If the Customer has accepted the offer electronically, the Entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the Entrepreneur has not confirmed receipt of this acceptance, the Customer can terminate the agreement.
- If the agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the Customer can pay electronically, the Entrepreneur will take appropriate security measures.
- The Entrepreneur can - within the law - inform himself whether the Customer can meet his payment obligations, as well as all facts and factors that are important for a sound conclusion of the remote purchase. If on the basis of this investigation the Entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or requist special conditions from the Customer.
- The Entrepreneur will send the following information to the Customer at the latest on delivery of the product, in writing or in such a way that it can be stored by the Customer in an accessible manner on a durable medium:
- the visiting/contact address of the establishment of the Entrepreneur where the Customer can go with complaints,
- the conditions under which and the way in which the Customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal,
- the information about guarantees and existing service after purchase,
- the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the remote purchase,
- if the Customer has a right of withdrawal, the model form for withdrawal.
Article 6 – Right of withdrawal
- The Customer can withdraw from and terminate an agreement with regard to the purchase of a product during the withdrawal period of 14 days without giving reasons. The Entrepreneur may ask the Customer about the reason for withdrawal, but not oblige him to state his reason (s).
- The withdrawal period referred to in paragraph 1 starts on the day after the Customer, or a third party designated by the Customer in advance, who is not the carrier, has received the product, or:
- if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product. The Entrepreneur may, provided that he has clearly informed the Customer prior to the ordering process, refuse an order for several products with different delivery times.
- if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or part.
- The customer will return the product(s) within 30 days after notifying the Entrepreneur of his withdrawel. Failure to do so, will result in the loss of the Customers right to withdraw from the agreement and will nullify the Return Merchandise Request.
Article 7 – Obligations of the Customer during the withdrawal period
- During the withdrawal period, the Customer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The principle here is that the Customer may only handle and inspect the product as he would be allowed to do in a store.
- The Customer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
- The Customer is not liable for value reduction of the product if the Entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the Customer and costs thereof
- If the Customer makes use of his right of withdrawal, he must report this to the Entrepreneur within the right of withdrawal period by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Customer returns the product or hands it to (an agent of) the Entrepreneur. This is not necessary if the Entrepreneur has offered to collect the product himself. The Customer has in any case observed the return period if he returns the product before the withdrawal period has expired (30 days after requesting the RMA).
- The Customer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.
- The Customer bears the direct costs of returning the product. If the Entrepreneur has not reported that the Customer must bear these costs or if the Entrepreneur indicates to bear the costs himself, the Customer does not have to bear the costs for return.
- If the Customer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
- If the Customer has received a free gift with their purchase and their return reduces the merchandise subtotal of the purchase below the threshold to earn the free gift, the gift must be returned along with the returned items. If the free gift is not returned the original value of the gift will be deducted from the refund.
Article 9 – Obligations of the Entrepreneur in case of withdrawal
- If the Entrepreneur makes it possible for the Customer to revoce electronically, he will immediately send a confirmation of receipt after receiving this notification.
- The Entrepreneur reimburses all payments made by the Customer, including any delivery costs charged by the Entrepreneur for the returned product, without delay but within 30 days following the day on which the Customer notifies him of the cancellation. Unless the Entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product(s).
- The Entrepreneur uses the same payment method that the Customer used for reimbursement, unless the Customer agrees to a different method. The reimbursement is free of charge for the Customer.
- If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, the Entrepreneur does not have to pay back the additional costs for the more expensive method.
- Any additional VAT or duties payed by the customer to local customs organisations, will not be refunded by the Entrepreneur.
Article 10 – Exclusion of the right of withdrawal
The Entrepreneur can exclude the following products and services from the right of withdrawal, but only if the Entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Products manufactured according to the Customer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Customer, or which are clearly intended for a specific person.
- Sealed products that for reasons of health protection or hygiene are not suitable for being returned and of which the seal has been broken after delivery.
Article 11 – The price
- During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes as a result of changes in VAT rates.
- The prices stated in the range of products or services include VAT.
Article 12 – Compliance with agreement and extra guarantee
- The Entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement provisions and / or government regulations.
- An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the Customer can assert against the trader on the basis of the agreement if the trader has failed to fulfill his part of the agreement.
- An additional guarantee is understood to mean any commitment by the trader, his supplier, importer or producer in which he grants the Customer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.
Article 13 – Delivery and implementation
- The Entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
- The place of delivery is the address that the Customer has made known to the Entrepreneur.
- Taking into account what is stated about this in article 4 of these general terms and conditions, the Entrepreneur will execute accepted orders with due speed, though at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the Customer will be notified of this no later than 30 days after he has placed the order. In that case, the Customer has the right to terminate the agreement without costs and is entitled to any compensation.
- After dissolution in accordance with the previous paragraph, the Entrepreneur will immediately refund the amount that the Customer has paid.
- The risk of damage and / or loss of products rests with the Entrepreneur until the moment of delivery to the Customer or a representative designated in advance and made known to the Entrepreneur, unless explicitly agreed otherwise.
Article 14 – Payment
- Unless otherwise specified in the agreement or additional conditions, the amounts owed by the Customer must be paid before an agreement is accepted
- The Customer cannot assert any rights regarding the execution of the relevant order or service (s), before the payment has been made.
- The Customer has the duty to immediately report inaccuracies in payment data provided or specified to the Entrepreneur.
Article 15 – User reviews, photos and comments
- Anything posted or otherwise submitted to Luli Fama whether on www.lulifama.com website, through a mobile application, blog or via any form of social media (including by submitting an image to your social media using #LULIFAMA, #LULIFAMASWIMWEAR, #LULIBABE or other Luli Fama branded hashtags), will be treated as public and nonproprietary.
- By submitting photographs, comments or other materials to Luli Fama, you grant Luli Fama a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall automatically become Luli Fama’s sole and exclusive property.
- In addition, when you post photographs, reviews or comments to Luli Fama or on any of Luli Fama’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission.
- You further represent and warrant that you own or otherwise control all rights to any content submitted to Luli Fama.
Article 16 – Complaints
- The Entrepreneur has a well-publicized complaints procedure and deals with complaints under this procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Customer has found the defects.
- Complaints submitted to the Entrepreneur will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Entrepreneur will respond within a period of 30 days with a message of receipt and an indication when the Customer can expect a more detailed answer.
- The Customer must at least give the Entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period a dispute will arise that is subject to the dispute settlement procedure.
Article 17 – Disputes
- Dutch law applies exclusively to agreements between the Entrepreneur and the Customer to which these general terms and conditions apply.
Article 18 – Additional or different provisions
- Additional or deviating provisions from these general terms and conditions may not be to the detriment of the Customer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium.
Annex A: Model form for withdrawal
Model form for withdrawal from the agreement
(only complete and return this form if you wish to withdraw from the agreement and nullify your purchase)
To: Luli Fama Europe B.V.
Vlijtseweg 234 / 7317 AN / Apeldoorn / The Netherlands
I / We * share / hereby inform you that I / we* hereby am / are* revoking our agreement regarding
the sale of the following products: [product description]*.
Ordered on * / received on * [order date with services or receipt with products]
[Name of Customers (s)]
[Customer address (s)]
[Signature Customer (s)] (only when this form is submitted on paper)
* Delete what does not apply or enter what applies.