Terms of service

Article 1: Definitions

  1. Luscious The Label: Luscious The Label, established in Capelle aan den IJssel, Chamber of Commerce no. 76057828.
  2. Customer: the person with whom Luscious The Label has entered into an agreement.
  3. Parties: Luscious The Label and customer together.
  4. Agreement: purchase agreement between parties.
  5. Website: www.lusciousthelabel.com

 

Article 2: Applicability

These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Luscious The Label. It also apply to every use of the website.

 

Article 3: Formation of the Agreement

  1. The agreement is established by the receipt of your order by Luscious The Label.
  2. Changing an agreement is only possible if this has been explicitly accepted by Luscious The Label.

 

Article 4: Prices

  1. All offers on the website are without obligation, unless explicitly stated otherwise.
  2. Offers do not automatically apply on repeated orders.
  3. All prices used by Luscious The Label are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and shipping- or transport costs, unless expressly stated otherwise or agreed otherwise.
  4. The shipping costs are stated separately on the website before placing the order. The shipping costs depend on the size of the order and the country of destination. The shipping costs will not be refunded for returned products.
  5. Luscious The Label is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 

   

Article 5: Payment

  1. The full purchase price is paid directly via the website.
  2. Before the checkout on the website the customer determines how the payment will be fulfilled.
  3. After the order has been placed the customer will receive an order confirmation by e-mail which contains an order details, the total costs and shipping costs. The order will only be delivered once the payment is successfully completed

 

Article 6: Retention of title 

  1. Luscious The Label remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Luscious The Label.
  2. Until then, Luscious The Label can invoke its retention of title and take back the goods. 
  3. If Luscious The Label invokes its retention of title, the agreement will be dissolved and Luscious The Label has the right to claim compensation, lost profits and interest.

 

Article 7: Delivery 

  1. Delivery takes place while stocks last. If products are out of stock, the customer will be informed within 3 working days.
  2. Delivery of products ordered online takes place at the address indicated by the customer. 
  3. If the agreed price is not paid on time, Luscious The Label has the right to suspend its obligations until the agreed price is fully paid. 
  4. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Luscious The Label.
  5. The customer must ensure that the actual delivery of the products ordered by him can take place in time.
  6. Shipping costs are on behalf of the customer, unless the parties have agreed upon otherwise.

 

Article 8: Delivery period

  1. Any delivery period specified by Luscious The Label is indicative and does not give the customer the right to dissolution or compensation if this period is not met, unless the parties have expressly agreed otherwise in writing.
  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Luscious The Label. 
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Luscious The Label cannot deliver within 30 days or if the parties have agreed upon otherwise.

 

 Article 9: Packaging and shipping 

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of such proof Luscious The Label may not be held liable for any damage.
  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Luscious The Label, otherwise Luscious The Label cannot be held liable for any damage. 

 

Article 10: Risk during transport

  1. Luscious The Label will bear the risk for shipment with track and trace in the event of damage, theft or loss of the package.
  2. The risk will pass to the customer at the time of delivery of the products

 

Article 11: Storage 

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

 

Article 12: Right of cancellation 

  1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that
  • the product has not been used or damaged
  • the product has not been worn or washed
  • the product does not have any odor or make-up on it
  • the product is not specially tailored for the consumer or adapted to its special needs (custom made)
  • it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
  • the labels, hand tags and ‘protactatag’ ribbon is intact, has not been removed or tampered with
  • it is not a final sale product.
  • the consumer has not renounced his right of cancellation
  1. The reflection period of 14 days as referred to in paragraph 1 commences on the day after the consumer has received the last product or part of the order
  2. The consumer can notify his right of cancellation via support@lusciousthelabel.com, if desired by using the withdrawal form that can be downloaded via the website.
  3. The consumer is obliged to return the product in the original packaging to Luscious The Label within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse. 
  4. The costs for return and shipping costs are due the customer.
  5. If the purchase costs are eligible for reimbursement, Luscious The Label will refund the costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Luscious The Label in time. Other costs (such as shipping and return costs) are not refundable, unless the whole order has been returned. In that case the costs of shipping from Luscious The Label to the customer will be refunded.

 

Article 13: Guarantee

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 
  2. The warranty does not apply in the event of normal wear and tear and damage, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
  3. The warrantee does not apply to washed out items, zippers, buttons, sequins, buckles, studs and lining. 

 

Article 14: Exchange

  1. Exchange is only possible if the following conditions are met:
  • exchange takes place within 14 days after purchase
  • the product is returned in the original packaging
  • the product has not been used or damaged
  • the product has not been worn or washed
  • the product does not have any odor or make-up on it
  • the product is not specially tailored for the consumer or adapted to its special needs (custom made)
  • it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
  • the labels, hand tags and ‘protactatag’ ribbon is intact, has not been removed or tampered with
  • it is not a final sale product.
  1. If these conditions are not met the products cannot be exchanged.
  2. The shipping costs are due the customer.

 

​Article 15: Complaints

  1. The customer must examine a product or service provided by Luscious The Label as soon as possible for possible shortcomings. The buyer should examine whether the quality and quantity of the delivered goods correspond to what the parties have agreed.
  2. Complaints regarding damage, shortages or loss of delivered products must be submitted to Luscious The Label in writing within two days after the day of the order.
  3. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Luscious The Label of this directly. The customer gives a detailed description as possible and make pictures of the shortcomings, so that Luscious The Label is able to respond adequately. 
  4. If the complaint is well-founded within the stipulated period, Luscious The Label has the right to either repair the product, send a new product or to issue a credit note for that part of the purchase price.
  5. Complaints regarding a certain product do not affect other products or parts within the same agreement.

 

Article 16: Liability of Luscious The Label

  1. If Luscious The Label is liable, its liability is limited to the amount equal to the purchase price of the defective product, unless the damage is due to intend and gross negligence or improper use by the customer.
  2. Luscious The Label is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  3. Luscious The Label is not liable for any direct and/or indirect damage caused by inability of the customer to use the Website, the fact that certain information on the Website is incorrect, incomplete or not is up-to-date and the unlawful use of Luscious The Label’s systems, including the website, by a third party.
  4. Luscious The Label is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.  
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Article 17: Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Luscious The Label in the fulfillment of any obligation to the customer cannot be attributed to Luscious The Label in any situation independent of the will of Luscious The Label, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Luscious The Label . 
  2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
  3. If a situation of force majeure arises as a result of which Luscious The Label cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Luscious The Label can comply with it. 
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
  5. Luscious The Label does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

 

Article 18: Information

  1. The customer must ensure the details, included but not limited to, e-mail address, shipping address, and bank account details, are complete, correct and current. The customer also guarantee that he/she is legally authorized to use the website in any way.
  2. Luscious The Label Guarantees that all the data entered on the website will be treated with the greatest possible care and that the data will not be passed on or resold in any other way without your prior consent.
  3. Luscious The Label will process and record your data in its systems in order to be able to fulfill its obligations arising from the agreement and/or the process the application by the customer. In addition, the customers’ email can be used for notification regarding our products and promotions, unless the customer has revoked its permission to do so.

 

Article 19: Intellectual Property Rights

  1. The intellectual property rights regarding the website, including the rights to the text, images, design, datafiles, photo’s and other image material, formats, software, brands, and other materials are held by Luscious The Label, its licensors, the manufactures of the products and /or third parties to whom Luscious The Label is not affiliated.
  2. All rights reserved. It is not permitted to copy and/or distribute information from the website without prior written permission. Visitors and/or users of the website cannot derive any rights from the information provided.
  3. The customer is not allowed to make changes to the delivered products, unless the nature dictates otherwise or if agreed otherwise in writing.

 

 Article 20: Changes in the general terms and conditions

  1. Luscious The Label is entitled to amend or supplement these general terms and conditions. 
  2. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 
  3. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Luscious The Label had in mind when drafting the conditions on that issue.

 

Article 21: Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties. 
  2. The Dutch court in the district where Luscious The Label is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

 

Drawn up on 9 December 2019. 

 

© Luscious The Label