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LC WAIKIKI ONLINE STORE
GENERAL TERMS AND CONDITIONS


FOR THESE GENERAL TERMS AND CONDITIONS ("Terms and Conditions")


The following pages provide detailed information about LC WAIKIKI ("LC WAIKIKI", "We"), as well as the legal terms and conditions governing your use of the website www.lcwaikiki.bg ("Site", "Online Store"), as well as any purchase of a product ordered online from LC WAIKIKI.



After registering an account on our website, you will receive an electronic document at the email address you provided containing the General Terms and Conditions in effect at the time of registration. We recommend that you print and keep a copy of the Terms and Conditions for future reference.



Before placing an order on www.lcwaikiki.bg , please read these terms and conditions carefully.



Please note that these General Terms and Conditions may be updated from time to time without prior notice. Important changes to the General Terms and Conditions will be communicated to you at your registered email address. The updated version of the Terms and Conditions will always be available on the Site.



The version of the Terms and Conditions that will apply to your order will be the one available on www.lcwaikiki.bg at the time of placing the order, unless changes to these Terms and Conditions are required by law or by a government authority and you may be required to apply such changes to orders previously placed by you.



By accessing and using the Website and by placing orders on www.lcwaikiki.bg , you acknowledge that you have read and understood the Terms and Conditions and that you agree to be fully bound by their provisions.



In the Terms and Conditions below, we will use certain recurring terms that will have the meanings set forth in the table below:



DEFINITIONS

Products

Clothes, shoes, accessories and all other fashion items described on our website

User

Anyone who has access to our website.

Registered user

Any individual aged 18 or over who registers an account on the Site to place orders in the future.

Invited

Any person aged 18 or over who visits the Site to place future orders.

Buyer/customer

Any natural person over the age of 18 who places an order on the Site and provided that LC WAIKIKI accepts this order, becomes a party to the distance sales contract, the subject of which is the sale and purchase of LC WAIKIKI products.

Command

Substantial expression of the will to purchase LC WAIKIKI products under the terms of these General Terms and Conditions, using the electronic means available on the Site.

Account

The personal section of the Site, which has an email address and password and is used by the Registered User to place an order. It contains various information about the Registered User and his/her activity on the Site, sent by the Registered User himself/herself (personal data) or automatically registered by the Site (order history, invoices, etc.)

Bulletin

Commercial and advertising communication shared exclusively electronically and regularly to the Registered User, provided that the Registered User has given his consent in this regard, without constituting an offer from LC WAIKIKI.

Contents

Any graphics, drawings, prints, photographs, images, sounds, music, video, audio, text, logos, button symbols, databases, designs, software and any other elements that may be viewed or accessed on the Site.

Order

An electronic document that serves as a form of communication between the Seller and the Customer, through which the Customer conveys to the Seller, through the Site, his intention to purchase the products sold on the Site.

Website

The online store hosted by www.lcwaikiki.bg and its subdomains

Seller

LC WAIKIKI RETAIL RO SRL

Distance sales contract

According to the definition contained in GEO 34 of 4 June 2014 on consumer rights in contracts concluded with professionals, as well as on amending and supplementing regulatory acts, Art. 2, item 7, transposed by Directive 2011/83/EU on consumer rights:
Any contract concluded between the professional and the consumer within the framework of an organized scheme for the sale or provision of services at a distance without the simultaneous physical presence of the professional and the consumer, with the exclusive use of one or more means of distance communication up to and including the time of conclusion of the contract;



For your convenience, we have structured these General Terms and Conditions in the following sections and subsections:


SECTION A. ABOUT US

A .1. Company Information



This website is owned and operated by LC WAIKIKI RETAIL RO SRL , a company registered and operating under Romanian law, with its registered office in Romania, Bucharest, sector 6, Bd. Timișoara nr. 26Z, Office 11C-02,11th floor, duly registered with the Commercial Registry Office of the Court of Bucharest under no. J40/9674/2009, with fiscal registration number and VAT no. RO 26054330, part of the international LC WAIKIKI group of companies.



We believe in our philosophy that "everyone deserves to dress well" and that is why we want you to enjoy the affordable fashion of the LC WAIKIKI brand through quality products at affordable prices.



A .2. Contact details



Please direct your questions to the Customer Service Department at the following contact details:

Postal address: Bdul Timisoara nr 26Z,etaj 11 ,birou 11C-02 Bucuresti sector 6 Romania
Telephone number: 082 299 644
E-mail: bulgaria@lcwaikiki.info


SECTION B. TERMS OF USE OF THE SITE



These terms of use of the website ("Site Terms") apply to your access to the website and any use of the LC WAIKIKI website, as well as to any order placed on the site, regardless of the way in which you access the site or the technologies or devices you use to access it.

By accessing, browsing, registering or using the Site in any way, as well as by submitting an order on the Site, you confirm that you have read and understood the Site Terms and that you agree to comply with their provisions.

The Site Terms do not limit or exclude any liability that we are not entitled to limit or exclude under applicable law.

B.1. Access to the Site


The Site is available free of charge to anyone with access to an internet connection.
We do not guarantee that our website or any content on it will always be available or uninterrupted. We may suspend, withdraw, discontinue or change all or part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.

B .2. Rights to the Content


All electronic materials and elements that make up the content of this website are protected by copyright, trademark registrations and other intellectual and industrial property rights. All such rights are owned by or licensed to LC WAIKIKI RETAIL RO SRL or by any of the LC WAIKIKI group companies, its affiliates or the providers of such content. All such rights are reserved for our use.



B .3. Your Use of the Site



You may use this website solely for internal, personal and lawful purposes.


You may not use the website or any content on it:

  • in a manner that violates applicable national or international laws or regulations.
  • in a manner that violates, restricts or inhibits the rights of others to use and benefit from this site.
  • for commercial purposes,
  • transmit, send or upload data or materials containing viruses, hidden Trojan horses, worms, spyware, adware or other harmful programs or code designed to
  • to adversely affect the functioning of computer software or hardware.
  • to transmit or order the sending of unsolicited or unauthorized advertising materials, promotional materials or any other similar form of customer solicitation (spam).

You also agree to:

  • not to copy, reproduce, publish, download, print, publish, broadcast, record, communicate to the public, profit from or distribute the pages or web materials of the site or the codes or computer elements that make it up, in any way, except for personal use, without our prior written consent
  • not to modify or distribute changes to the content of the site in any way, including, but not limited to, the removal of LC WAIKIKI logos and trademarks,
  • not to damage, disrupt or compromise the security of any part of this website, its content or its associated network or software,
  • Do not place fraudulent orders on the site.




We reserve the right to immediately prohibit access to this site to any user and to terminate the account of any registered user who violates these provisions.


B .4. Accuracy of Content



We will make all reasonable efforts to present content that is accurate, complete and up-to-date. The inclusion of any products on the site at a particular time does not mean or guarantee that such products will be available at any time. We reserve the right to discontinue the availability of any product at any time.


To the extent permitted by applicable law, LC WAIKIKI disclaims all representations and warranties, express or implied, as to the accuracy of the content.


In the event that errors occur in relation to the description of the Product and/or prices or if relevant data is missing in the Product information presented on the Website, LC WAIKIKI reserves the right to correct such errors and possibly cancel or modify specific orders, to the extent that this is in accordance with applicable law.


LC Waikiki strives to reflect the exact color of the products in the images displayed on the site. However, the company does not accept responsibility for differences in color that may occur due to screen settings and the use of different types of screens.

B.5. Damage to your computer or other device


LC WAIKIKI makes reasonable efforts to ensure that this site is free of viruses and other dangerous or harmful content. However, we recommend that you take all precautions to ensure safe access to the site and its content, as we cannot guarantee that the use of this site will not cause damage to your computer or other device. Unless otherwise required by applicable law, LC WAIKIKI is not liable to any person for any loss or damage suffered as a result of viruses or other malicious or harmful content accessed from or through the site.


B.6. Links to other sites



The website may include links to other websites that are not under the control of LC WAIKIKI. Such links are provided solely for the convenience of users or for the purpose of information exchange and should not be construed as an endorsement by us of those linked sites.

We are not responsible for the content of websites linked to our website. We will not be liable for any loss or damage that may arise from your use of them



B .7. Linking to our site



You may only access our home page without our prior approval, provided that:

  • to do so honestly and legally on a website that you own,
  • do not tarnish the reputation of LC WAIKIKI and do not take advantage of it,
  • do not assume any form of association, approval or endorsement on our part if there is none,
  • to check whether the site you are linking to meets the standards set out in these Terms of Use.
  •  

We reserve the right to withdraw permission to link without notice.


B .8. Social Media Sites



These Site Terms of Use also govern any transmissions you make to a third party website linked to LC WAIKIKI or pages, such as our Facebook, Twitter, Pinterest, YouTube or social media sites. All comments, images, videos and any other type of material displayed on a third party social media website must comply with these Site Terms and the terms of use of the third party social media sites, as applicable.

SECTION C. TERMS OF SALE



These terms of sale ("Terms of Sale") apply to any order you place on www.lcwaikiki.bg , regardless of the method or location of access to the site.


Access to the Site for the purpose of fulfilling an order is permitted to any User/User within the EEA.


Before placing an order, you should carefully read these Terms of Sale. By placing an order through the Site, you confirm that you have read, understood and agree to be fully bound by these General Terms and Conditions of Sale.

If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any Products through the Site.

C.1 . Parties to the distance sales contract



These General Terms and Conditions of Sale govern the distance sales contract between the company LC WAIKIKI RETAIL RO SRL ("Seller") and the customer ("Customer"), formed through the website for purchasing LC WAKIKI products through the Site.



In order to place an order through the Site, the Customer must be 18 years of age or older and be the end user. Minors are expressly excluded.



C.2. Account/Guest Registration



To place an Order, you can open an Account or choose to place an Order as a Guest without registering an Account. However, you can choose to register an Account after placing your Order as a Guest.



When you register, you must provide more personal information about yourself. Please ensure that all personal information provided is true, accurate, current and complete in all respects. You can update or correct your information at any time by logging into your Account. Please see our Privacy and Data Protection Policy for more information on how your personal information is stored. Your personal information will be used and stored.



When ordering through the Site as a Guest, you will still need to provide us with certain mandatory personal data that we collect for the processing and billing of Orders. We will not store the data you provide through a Guest Order (except for processing your order or if you have subscribed to receive our newsletter). For detailed information on how we use and store your personal data, please see our Privacy and Data Protection Policy, which is part of this document, at the following web address: https://www.lcwaikiki.bg/en/static/privacynotice

C.3 . Account Security



When you register an Account, you will be asked to provide a password to maintain the security of your Account. The account password you provide must be unique and kept confidential. You are also responsible for maintaining the confidentiality of your password and all activities that occur under your account. LC WAIKIKI is not liable to any person for any loss or damage that may arise as a result of failure to protect your password or Account.


By registering your account, you declare that the password and access to the account are entirely under your control and will not be provided to third parties.



We may transfer the data contained in your personal account to servers located outside the country in which you reside so that you can use your account on all LC Waikiki sites.



If you notice or suspect a breach of security or unauthorized use of your password or account, please inform LC WAIKIKI immediately.



C .4. Ordering and placing an order

According to the current conditions for limiting cash on delivery payments: if the customer has more than 20 orders that are in the status "Undelivered", "Return request created" or "Returned in full" for the last 6 months, cash on delivery payment will be blocked to the relevant user.

Access to place an order is permitted to any user/buyer.

All orders are subject to acceptance and availability, and the items in your virtual shopping cart are not reserved and can be purchased by other customers.


The display of our Products on the Site is an invitation, not an offer to sell these products.
to you. The offer is made when you place an order for the products added to the virtual shopping cart. However, the distance sales contract will not be concluded until we accept your offer (see subsection C.5 below).

All information used to describe the products available on the Site (static/dynamic images/multimedia presentations/ etc.) does not constitute a contractual obligation on the part of the Seller, but is used solely as a presentation.


To place an order through the site, you must complete the following steps:

  • Select the products you like, choose the color and size and add them to your virtual shopping cart. Adding the products to the shopping cart is not the same as reserving them.
  • Check the virtual shopping cart and proceed to complete the order,
  • Enter your shipping and billing information and select your payment method,
  • Review all submitted information and confirm your order. By confirming your order, you fully and unreservedly accept the version of the General Terms and Conditions available on the site, which will apply to the future distance sales contract.

If you have chosen to pay by card, you will be asked to make the payment. If the payment is authorised, you will receive an automatic order confirmation email to the email address you have provided. This confirmation does not mean that LC WAIKIKI confirms or accepts the Order.



If you have chosen to pay by another means, you will receive an automatic order confirmation email to the email address you have provided. This confirmation does not mean that LC WAIKIKI confirms or accepts the Order.


The Products can be purchased subject to availability. If we are unable to deliver the Products, we will notify you as soon as possible and your order will not be accepted. If you have already paid for the Products, a refund will be made based on the method of payment for the order. When your order process is complete, you will be notified by email.



All orders you place on this website are subject to acceptance by us in accordance with section C.5. below.



C .5. Acceptance of the order and conclusion of the distance sales contract


Unless we have notified you that we do not accept your order or that you have cancelled it, acceptance of the order and conclusion of the distance sales contract between you and LC WAIKIKI will take place at the moment you receive confirmation of your order by email.

The contract is considered concluded between the Seller and the Buyer upon receipt by the Buyer of the order confirmation from the Seller by email.
Before sending the Products, LC WAIKIKI has the right to refuse any Order for legal and regulatory reasons.

Furthermore, the Seller may cancel the order placed by the Buyer upon prior notice addressed to the Buyer, without either party having any subsequent obligation to the other or without either party being able to claim compensation from the other party in the following cases:

  • non-acceptance of the transaction by the bank issuing the Buyer's card in the case of online payment;
  • cancellation of the transaction by the LC Waikiki approved card processor, in the case of online payment;
  • the data provided by the Client/Buyer on the Site is incomplete and/or incorrect.
  • technical issues (any items not available in stock or any technical issues that could affect the buyer's order).


The email confirming that LC WAIKIKI has accepted your order, when your order has been processed and is ready for dispatch, will contain a repetition of the ordered products, the contractual price, the payment method and the chosen delivery method.


The distance sales contract is for a fixed term. Such a contract will be considered terminated when both LC WAIKIKI and you have fulfilled your mutual obligations under the terms concluded in accordance with these General Terms and Conditions of Sale.

C .6. Payment and invoicing methods



The prices of the products displayed on the Site include VAT in accordance with applicable law.

The price, payment method and payment terms are indicated in each order. The Seller will issue the Buyer an invoice for the delivered products, and it is the Buyer's obligation to provide all the information necessary for the issuance of the invoice, in accordance with current law.

The Seller will send the Buyer the invoice related to the Order, containing the products sold through the Site, as well as for all other payments related to the Order, in electronic format, by adding the invoice to the Buyer's Profile or by email to the email address specified by the Buyer.

In order to correctly communicate the invoice related to the order, the Buyer has the obligation to update, when necessary, the data in his account and to have access to the information and documents related to each order existing in the account.

LC WAIKIKI accepts the following payment methods:

- Credit or debit card



By filling in your card details when placing the order, you confirm that the credit or debit card you use is yours. All fields marked as mandatory must be completed.



The applicable amount will be charged to the card immediately. LC WAIKIKI reserves the right to check the validity of the credit or debit card, its credit status in relation to the value of the Order, as well as whether the Customer's address details are correct. We may refuse Orders depending on the outcome of these checks.

In all cases where payment is made online, any other additional costs incurred by the Buyer, including but not limited to currency conversion fees imposed by the bank that issued their card, will be borne by you. For information on bank fees and commissions, please contact the bank that issued your payment instrument in advance.

The User/Buyer's payment card data will not be accessible to LC Waikiki and will not be stored by LC Waikiki, but by the payment processor integrated into the Site, a person authorized to provide card identification data storage services, of whose identity the User/Buyer will be informed before entering the data. LC Waikiki provides the service in the field of registration and storage of payment card data to users through the person authorized to provide card data storage services.

The personal data contained in the tokenization database will be processed in accordance with the provisions of applicable law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ("GDPR").

- Cash on delivery



Payment is made in cash to the courier who delivers the package containing the ordered products.


For orders with cash on delivery, you can choose to pay by debit/credit card on the day of delivery.


LCW MONEY

LCW Money is an alternative payment method. Thus, if you make a return, you can choose to refund the value of the product or products not to your bank account, but to LCW money.

This new option in the customer account allows the money received from refunds to be kept to be used for subsequent purchases.



In this way, LCW money consists of the balance determined in the user's account, depending on the preferences, for the return of purchases made with cash on delivery. LCW money is identified in your account after the product return is accepted. The LCW money in the account will be deducted from the total value of the next order.



At the same time, you can transfer amounts from LCW Money at any time to your account by bank transfer/EFT. It takes an average of 5-7 business days for LCW Money to be reflected in your account.


Payment with LCW Money is available to users who have a registered account at www.lcwaikiki.bg and have placed at least one order with cash on delivery. This option is not available to customers who have made payments by card.
If the LCW Money balance does not cover the value of the products in the cart, you can choose to pay the difference in cash or by debit/credit card.


C.7. Delivery, receipt and transfer of risks and ownership



The Seller will deliver the Products only within the territory of Romania. Buyers established in other EU Member States have the option to purchase Products from the Site and choose delivery only within Romania, to a specific address chosen by the Buyer. LC WAIKIKI is not responsible for organizing points for receiving the goods within or outside the territory of Romania. LC WAIKIKI is not responsible for the delivery of Products ordered outside Romania.

The Seller will ensure the proper packaging of the Products and will ensure the transmission of the accompanying documents.



Delivery is made by courier.



The costs of delivery of the purchased Products are borne by the Buyer, and they are not included in the price of the Products displayed on the Site.

Please note that delivery fees and delivery times vary depending on the type of Products ordered and the delivery address. In the table below you will find full information on delivery costs and expected times, noting that you can receive delivery for free as a promotional offer, provided that certain requirements are met:

Country

Shipping cost

Delivery limit

Delivery period

       

Bulgaria

4.99 BGN
2.55 EUR

50 BGN
25.55 EUR

2- 30 business days

Bulgaria-Econt Offices

3.99 BGN
2.03 EUR

50 BGN
25.55 EUR

2- 30 business days

       



In exceptional cases or during busy periods, we will make every effort to deliver the order no later than 30 days.
In Bulgaria, a fee of 3 BGN/1.53 EUR is charged for each COD order, in addition to the delivery fee, even for Free Delivery promotions. This additional delivery fee is non-refundable.
No additional fee will be charged on top of the standard delivery price for any order paid by card.

Orders are usually delivered within 2 (two) to 30 (thirty) business days from the date of acceptance of the order. Usually, the delivery schedule is respected, although LC WAIKIKI cannot guarantee the accuracy. In any case, LC WAIKIKI will make all reasonable efforts to ensure delivery of the Products within 30 (thirty) days from the date of acceptance of the order. You can track the delivery status by accessing your Account or by using courier tracking services.


You should check the condition of the packaging upon delivery. If the packaging is damaged, you should not accept the delivery.



All risks relating to the Products ordered by you (including the risk of loss and/or damage to the Products) shall pass to you when you or a third party indicated, charged or authorised by you, take physical possession of the Product upon delivery. Title to the Product shall only pass to you upon receipt of full payment.



We shall in no way be liable for any delay or failure to deliver the Products if the delay or failure is caused in whole or in part by circumstances beyond our control.



C .8. Return of non-conforming products



You have the right to return defective or non-conforming products delivered by LC WAIKIKI. You have 2 (two) months from the moment of discovery of the non-conformity of the product to inform LC WAIKIKI in writing of the defect or non-conformity and to initiate the return of the product to LC WAIKIKI. Such defects or non-conformities must become apparent within a period of 2 (two) years from the date of delivery. For products with an average service life of less than 2 (two) years, the period of 2 (two) years is reduced to the average duration. For further information, please refer to the warranty certificate that you received with
the Products.


If your claim is justified, LC WAIKIKI will reimburse the value of the Product, as well as the direct costs associated with the return, within 15 (fifteen) calendar days from the date on which you informed us of the non-conformity, or from the date on which you handed over the Product to us or to an authorized person based on a handover protocol.

C.9. Right of withdrawal



You have the right to cancel your order in whole or in part within 30 (thirty) calendar days from the day on which you (or a person designated by you, other than the carrier) receive the products (or the last product in the case of partial delivery), without giving a reason and without incurring any costs other than delivery costs (if applicable).

You must pack the items securely, if possible in the original packaging, and attach the return form, which is located on the back of the invoice.

As of 10.08.2023, for orders whose method is Home Delivery, a return fee of 5.99 BGN/3.06 EUR is applied.

You can make a return depending on the selected delivery method.
- if you have selected Econt offices as the delivery method, you can only make the return at an Econt office.
- if you have chosen the delivery method - home delivery - you can request a return only by calling the courier at your address.

In the package you will see a label with the return address and the barcode, which you must attach to the package.
Return process

1. Products can be returned together with an invoice after filling out the return form, which you will find on the back.

2. In the return form, please select the products you want to return, the number of products you want to return, and select the reason for the return.

3. If you no longer have the invoice, you can print it from your online account, opened on our website in the "My Orders" section.

4. To request a Return, you need to log in to your LCWaikiki customer account. If you have chosen Cash on Delivery, you need to enter your bank account details in order to be refunded the return value.

5. The return request must be completed from your account opened on our website.
6. After you create the return request, a courier from Econt will contact you within the next 48 hours to pick up the shipment.
For a locker

• After registering your return request, you will receive by email and SMS - a PIN and QR code with which you can unlock the Econtoma locker when returning the order.
• You have 14 days from the date of the return request to return the product(s) to the Econtoma, with the condition being not to exceed 30 days for return.
• Please make sure that the returned product(s) fits in one of the lockers. Their dimensions are:
• small – 61 cm x 44 cm x 8 cm from 1 kg to 4.99 kg
• medium – 61 cm x 44 cm x 18 cm
• large – 61 cm x 44 cm x 37 cm.
The maximum weight is 30.5 kg.

For office:

• You have 14 days from the date of the return request to return the product(s) from the Econt office, provided that you do not exceed 30 days for return.



Effects of withdrawal

If you decide to make a refund, we will reimburse all payments received from you, including delivery costs (except for the additional costs resulting from the choice of a specific type of delivery other than the least expensive type of delivery offered by us), without undue delay and in any event not later than 14 (fourteen) days from the date on which we are informed of your decision to withdraw from this agreement. We will make the refund using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise. We may withhold the refund until we have received the goods back or you have provided evidence that you have returned the goods, whichever is the earlier.



The following products are exempt from the recall: custom-made or personalised products, linen products, as well as underwear and swimwear that are sealed for hygiene reasons.



Your obligations in the event of a return:

- to return the products or hand them over to us or to a person authorised by us to receive the goods, without undue delay and in any event not later than 14 (fourteen) days from the date on which you communicated to us your decision to return the products.

- to return the products in good condition and in the original packaging, as well as with the relevant labels.

- where appropriate, you are fully responsible for any diminution in value of the goods resulting from handling them other than what is necessary to establish the nature, characteristics and functioning of the goods.



Obligations of LC WAIKIKI in the event of a return:

  • to reimburse all payments received from you, including, where applicable, delivery costs, without undue delay and in any event not later than 14 (fourteen) days from the date on which we were informed of your decision to withdraw,
  • If we have sent you the goods and you cancel the order before delivery, we may retain the amount of money representing their value until we receive the goods back or until you provide proof of the return of the goods, whichever occurs first.


C .10. Product Descriptions and Prices



A description of the main features of the Products can be found on the Product pages of the Site. We have taken reasonable steps to try to ensure that all Products are described correctly, but please note that while we try to accurately display the colours of our Products on the Site, the actual colours you see will depend on your monitor settings and we cannot guarantee that your monitor screen will accurately reflect the colour of the Product upon delivery.


The prices of the Products on the Site are stated on the product pages and include VAT.

Delivery charges and bank charges, if applicable, may be added to the final price. The final price you will be required to pay will therefore consist of the following elements: Product Price + Delivery Charges (if applicable) + Bank Charges (if applicable).



Prices and offers may vary and may only be available for a limited period of time. All prices and offers are subject to availability and may be withdrawn or changed at LC WAIKIKI’s discretion. Prices on the Site may differ from prices in retail stores, catalogues or elsewhere. Online offers apply to online transactions only and may not be available in-store.

Similarly, temporary or local special offers offered in stores do not apply to prices on the Internet unless expressly stated otherwise.


We have taken reasonable precautions to ensure that all products are fairly priced.

However, it is possible that, despite our best efforts, some of the products listed on the Site may be presented at incorrect prices. Incorrectly displayed prices are not binding on LC WAIKIKI.


In the event that 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 opportunity to reconfirm your Order at the correct price or to cancel it.



C .11. Product guarantees



For the products sold on our website, we guarantee conformity and quality according to the relevant description on our website and according to the warranty certificate provided.


All our products have:

- a commercial guarantee of 14 (fourteen) to 30 (thirty) days, which constitutes a commitment made by LC WAIKIKI to you to refund the price, repair or replace the Product, at no additional cost to you, if the Product does not meet the conditions specified in the Warranty Certificate or in the relevant advertising,
- a legal guarantee of conformity with a maximum period of 2 (two) years as a protection for the customer for non-conformity granted by law, representing a legal obligation of LC WAIKIKI to bring the product into conformity by repair or replacement or to reimburse the price, without additional charges to the customer. For products with an average lifespan of less than 2 (two) years, the period of 2 (two) years is reduced to the average lifespan.



C .12. Liability



LC WAIKIKI is only liable for losses that are a foreseeable consequence of a breach of these General Terms and Conditions. We will not be liable if we have been prevented or delayed in fulfilling our obligations under these Terms and Conditions of Sale due to what you or someone acting on your behalf does or does not do, or due to events beyond our reasonable control.



You must follow the instructions/advice we offer you to keep the products you have ordered safe for use (including the instructions or user manuals of the products supplied with them). We cannot be held liable for any damage caused to the Products due to failure to follow these instructions/advice.


Nothing in these General Terms and Conditions of Sale limits or excludes LC WAIKIKI’s liability for (i) death or personal injury caused by our negligence, (ii) fraud, (iii) any breach of obligations imposed by applicable mandatory laws, or (iv) liability that cannot be excluded by law.

LC WAIKIKI reserves the right to periodically update and amend the Terms of Use of the Site to reflect any changes in the rules and conditions of operation of the Site or any changes in legal requirements. The Document is binding on Customers/Users/Buyers from the moment of its publication on the Site. In the event of such changes, we will publish the amended version of the Document on the Site, therefore we ask you to periodically check the content of this Document.

SECTION D. COMMUNICATIONS



Communications, including notices, requests, complaints, between you and LC WAIKIKI will be primarily conducted electronically via email or through notices posted on the Website. By accessing the Website and submitting orders, you consent to this electronic method of communication and confirm that the agreement, notices, information and other communications that LC WAIKIKI provides to you in electronic format meet all legal requirements that such communications be made in writing and presented on a durable medium.



SECTION E. COMPLAINT PROCEDURE



If you wish to file a complaint, please send an email to bulgaria@lcwaikiki.info, providing full information, including the date of purchase and the order reference number, if applicable, as well as your full name and address and contact details.


We will send you the official response/decision by email within 30 (working) days of receiving your complaint.

If you are not satisfied with our proposal, you can still file a complaint with:
- National Consumer Protection Authority - Regional Commissioner for Consumer Protection Bucharest - Ilfov County

or

- the ONLINE DISPUTE RESOLUTION platform (the ODR platform developed by the European Commission in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC) at http://ec.europa.eu/odr .



SECTION F. COOKIE POLICY

Please see our Cookie Policy, which is part of this document, at the following web address: https: https://www.lcwaikiki.bg/en/static/privacynotice


SECTION G. FORCE MAJEURE

Neither party shall be liable for failure to perform its contractual obligations if such failure to perform on time and/or properly, in whole or in part, is due to a force majeure event. A force majeure circumstance is an unforeseeable event that is beyond the control of the parties and that cannot be avoided.

If, within 15 (fifteen) days from the date of its occurrence, the relevant event is not terminated, each party shall be entitled to notify the other party of the complete termination of the contract, without either party being able to claim compensation from the other.

SECTION H. APPLICABLE LAW AND JURISDICTION



These General Terms and Conditions shall be governed by and construed in accordance with Romanian 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 also benefit from the protection provided by national law, which cannot be derogated from by contract.


Any dispute or inconsistency arising from the application or interpretation of these General Terms and Conditions, including the General Terms and Conditions of Sale, which cannot be resolved amicably, will be resolved by the Romanian courts in accordance with Romanian law. However, a Client (who is not resident in Romania) may bring an action against LC WAIKIKI in the courts of the European Member State in which the Client resides, and an action against such Client may only be brought in those courts.

SECTION I. MISCELLANEOUS



You may not assign or subcontract any of your rights or obligations under these Terms and Conditions to any third party except with our written consent.



We may assign, transfer or subcontract any of our rights or obligations under these Terms and Conditions to a third party at our discretion, provided that such third party provides the same level of warranty and liability to you.


No waiver or delay in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of such right or remedy, nor shall it affect our ability to exercise such right or remedy at a later date. Any waiver must be agreed to by us in writing.



If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms and Conditions shall remain in full force and effect.


SECTION J. YOUR OPINIONS



We are always open to your valuable opinions and feedback about our site and you can always contact us with your comments and suggestions through our contact details indicated in A.2.

ANNEX NO. 1.

To the General Conditions of Sale



RETURN FORM [AM1]



(fill in and return this form only if you wish to withdraw from the distance sales contract)



For LC WAIKIKI RETAIL RO SRL, a company registered and operating under Romanian law, with its registered office in Romania, Bucharest, sector 6, Bd. Timișoara nr. 26Z, Anchor Plaza, 11th floor, duly registered with the Commercial Registry Office of the Court of Bucharest under no. J40 / 9674/2009, with tax registration number and VAT RO 26054330, bulgaria@lcwaikiki.info

I, the undersigned (*), hereby inform/inform that the undersigned (*) withdraws/withdraws from the distance sales contract concluded by me/us (*) for the following products (*)

______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
Ordered on ____________/ received on____________________,

Order number_______________________
Reason for withdrawalһттрѕ://___________________________________(* at the customer's request
)
Customer name(s),

Customer address(es),

Customer signature(s)___________ (unless this form is submitted on paper),
Date: