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| General Terms and Conditions of Sale by La Kira |
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1 General Terms and Conditions of Sale
1.1 These terms & conditions for Internet sales apply to all offers, sales and deliveries of La Kira established through the Internet and on all La Kira contracted agreements established through the Internet, if not explicitly agreed otherwise in writing.
1.2 The "Purchaser" as stated in these terms & conditions refers to every visitor of the website or each natural person or legal entity who has a contractual relationship with La Kira.
1.3 Should one or several articles of these terms & conditions be ruled invalid by a justice court, all remaining provisions of these terms & conditions shall remain in force. La Kira and the purchaser will discuss how to create new provisions to replace those invalid or destroyed by the court ruling, taking the meaning or content of the original article into account as much as possible.
1.4 Through the use of the website of La Kira and/or placing an order the purchaser accepts these general terms and conditions as well as all other rights and duties as indicated on the website.
1.5 These terms & conditions may only be deviated from or added to by way of explicit agreement in writing and in which case the remaining provisions of these terms & conditions shall remain in force.
2. Offers and provisional agreements
2.1 All offers of La Kira are without engagement. Offers or prices are to be seen as an invitation to the potential purchaser(s) to engage in a sale. La Kira is in absolutely no manner bound to this, unless this has been unambiguously confirmed in writing. The acceptance of the invitation of the potential purchaser to engage in the sale is considered as an offer and leads only to a provisional agreement so long as the remaining provisions in this article has been completed. La Kira is never obligated to engage in an agreement with a potential purchaser.
2.2 Offers and agreements occurring subject to the availability of the products. If the purchaser orders or has ordered a product that is not available, he will be notified when the product is expected to be available again.
2.3 An definite agreement comes about the moment an order confirmation has been sent to the purchaser by e-mail address as stated by the purchaser on the registration form.
2.4 The purchaser and La Kira explicitly agree that by use of electronic communication a valid and definite agreement comes about, as soon as the conditions in Article 2.1 and 2.3 are met. The lack of an ordinary signature does not take away from being bound by this agreement and the acceptance of it. This also applies to the electronic files of La Kira that as far as the law allows counts as a presumption of proof.
2.5 Information, images, oral communications, telephonically or by means of e-mail and work-related tasks etc. with relation to all offers and the most important characteristics of the products shall be displayed as precisely as possible. La Kira does not guarantee in this agreement that all the information on offers and products will be given fully. Any changes do not qualify for compensation and/or dissolution, unless the change is in such a way that the product no longer lives up to what the purchaser could reasonably have expected, in which the Return en Refund policy will be applied.
3 Prices
3.1 All prices are in US Dollars, Euro.s or Pounds Sterling. Prices may change without notice. The total invoice price (total amount due) is inclusive of sales tax for deliveries within the EU. We are currently not required to collect sales tax on items shipped to other destinations. An estimation of the tax charges will be indicated in the confirmation page of the shopping cart.
3.2 All prices are inclusive of customs and import duties. All prices are subject to type errors. The purchaser is chargeable for merchandise that La Kira has confirmed in accordance with article 2.3 of these terms & conditions as herein notified. Known (manipulation) mistakes in the price, such as obvious inaccuracies, can be corrected even after agreement has taken place by La Kira.
3.3 La Kira reserves the right to change the agreed price after the establishment of a contracted agreement. If the price is higher than agreed, the purchaser has the right to dissolve the agreement. In this case, La Kira is not obligated to negotiate or accept any claims for compensation. The purchaser does not have this right when has been agreed that delivery of the order will take place longer than three months after the establishment of the contracted agreement.
4 Payment
4.1 When ordering at the website, several methods of payment can be used, which is mentioned on the site. La Kira may extend the methods of payment in the future. Additional methods of payment will be made known on this site as they become available.
4.2 In the case that payment by credit card is chosen then the terms & conditions of the credit card company apply. In the case that Ideal will be used for payment then the terms & conditions of the bank apply. La Kira has no part in the relation between the purchaser and the credit card company or the bank.
4.3 La Kira has the right to set additional terms with certain payment methods concerning maximal and minimal order amounts. If this is the case, these additional terms will be published on the website.
5 Shipment, Delivery, Return and Refund Policy
5.1 Please refer to our Delivery Policy, which forms an integral part of these General Terms and Conditions of Sale.
6 Transferal of Property
6.1 Ownership of Property despite actual delivery, is only transferred to the purchaser after said purchaser has fulfilled the agreement with La Kira in its entirety.
6.2 The purchaser may not encumber, sell, redeliver, separate or otherwise encumber (delivery of) the products, before the property is rightfully in their possession.
7 Guarantee and liability
7.1 La Kira can only be held liable for damages which can be attributed towards intent or gross negligence, or which are due to circumstances that on the basis of statutory regulations are at its own risk. La Kira will never be liable for damages caused by exceeded terms, loss of profits and/or consequential damages, indirect damages and
loss of earnings and/or turnover.
7.2 Possible claims for damage shall be put in in writing to La Kira immediately after the damage has arisen.
7.3 The purchaser will never hold any employees of La Kira personally liable for any caused damage.
7.4 If La Kira is held responsible, for any reason whatsoever, to compensate for damage then damage compensation shall amount to a sum no higher than the invoice value of the product or service on which damage has been caused. La Kira cannot be held responsible for damages outside of warehouse and/or personnel damage.
7.5 The purchaser is under the obligation to hold harmless La Kira for any third-party claims against La Kira with respect to the execution of the agreement, as far as the law does not stipulate otherwise than that the damages and losses concerned are at the purchaser's expense.
7.6 It is possible that La Kira makes available on its website links to other websites which may be interesting or informative for the visitor. Such links are purely informative. La Kira is not responsible for the content of the website which is referred or the use which may be made of it.
7.7 The stipulations in this article leave La Kira's legal liabilities unimpeded by virtue of statutory regulations.
8 Circumstances beyond one's control
8.1 La Kira is not obliged to fulfil its obligations towards the purchaser due to circumstances beyond its control, the obligation is postponed for the duration of the circumstances respectively, at the discretion of La Kira. In the case that the circumstances change, La Kira has the right to change the contracted agreement in consultation with the purchaser or, if this consultation does not lead to a new agreement, to dissolve the agreement without intervention of a court of law and without having the obligation to accept any damage claims.
8.2 Circumstances beyond its control are known to be each circumstance independent of its intention, as a result of which compliance of its obligations towards the purchaser are partly or entirely prevented. These circumstances include strikes, fires, business disturbances, power failures, non- or no timely delivery by suppliers or other third parties and the absence of any licenses to be obtained via the government. Circumstances beyond its control also include failures in (telecommunications) networks or connections or applied communication systems and/or the non-availability of the internet site at any one time.
8.3 If circumstances beyond one's control as stated in this article occur at our suppliers, article 10.1 also applies.
9 Personal data
9.1 La Kira shall use the data of the purchaser exclusively in conformity with its privacy policy. On the website a detailed privacy statement can be found.
9.2 La Kira thereby observes and applies privacy rules and relevant legislation.
10 Applicable law and competent Court
10.1 Dutch law applies exclusively on all offers and agreements.
10.2 The applicability of the Vienna Purchasing Treaty (United Nations Convention on Contracts for the International Sale of Goods) is explicitly excluded.
10.3 All disputes which may occur as a result of the agreement concerned or future agreements arising from it can only be settled at the competent Court applicable to the location of La Kira. In deviation of this, La Kira has the right to settle such disputes at the competent Court applicable to the location of the purchaser. Legal proceedings shall be held in Dutch.
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