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LC WAIKIKI ONLINE STORE
GENERAL TERMS AND CONDITIONS
Special conditions
Important notes:
Return of product(s) without indicating any
reasons - You will always have 14 (fourteen) calendar days from the moment of
delivery of the Products to inform LC WAIKIKI in writing about your wish to
return the Product without indicating any reason. You will have 7 (seven)
calendar days to return the product after you notify us about your wish to do
so. Please note, that if you initiate the return procedure, the inside as well
as outside labels on the product shall not be damaged and the product shall not
bear the traces of use. If the label(s) is damaged/not present, or the product
bears the traces of use LC WAIKIKI is entitled to decline your request on
return. For more detailed information, please see paragraph C8 below.
Return of defective product(s) - if the product you have purchased appears to be defective, you
are entitled to initiate the return procedure. Please note, that if you
initiate the return procedure, the product shall not bear the traces of use. LC
WAIKIKI will decline your request on return if the product bears the traces of
use. For more detailed information, please see paragraph C9 below.
You can return the product(s) free of charge to
our return address: LC Waikiki GE LLC, Tbilisi, Georgia, Chirnakhuli Street 9,
0151. To return the above products, you can contact our carrier at phone number
+995322910220 or via e-mail lcw@icsgeorgia.ge
or contact the currier company Onway at phone number +995322910220 or via e-mail info@onway.delivery. For each option, please inform our carrier regarding the order
number or original tracking number to avoid delay on booking. After booking, the courier will come to your address and pick
up the returned products(s), along with your refund invoice. Or you can
visit the nearest office of our carrier company, deliver the product(s) along with
the return invoice, and they will bring your product(s) to our warehouse.
Please note, that the return procedure shall only be initiated by
filling out the return form, which is sent to you along with the Product(s) and
the invoice. If payment is made in cash, the refund will be processed to the
bank account provided by you in the return form. To avoid any problem on the
return, please make sure you add your return form with your product. More
detailed information regarding the return procedures is described in the
paragraphs C8 and C9.
Refund Method: Refund will be provided to the
account where the payment was made at the time of purchase. The return process
is fully automated.
If, upon you place the Order, it is understood that that part of
the Products at your Order cannot be supplied (due to being absent or defective
etc.), we may send you the Products partially. If you receive the Products
partially, you may always return the Products based on the terms of paragraph
C.8. below.
If you receive the defective/non-conforming Product, please,
immediately initiate the return procedure based on the terms of paragraphs C8
and C9 below. Please note, that the defective/non-conforming Products are not
subject to replacement and shall be returned. You must verify the state of the
packaging upon delivery. If the package is damaged, you must not accept the
delivery.
More detailed information about the return process is provided
under the relevant sections.
ABOUT THESE TERMS AND
CONDITIONS (“Terms and Conditions”)
The following pages provide detailed information about who LC WAIKIKI GE (“LC WAIKIKI”, “We”, “Us”)
is and the legal terms and conditions that govern your use of www.lcwaikiki.ge (“Website”) and Mobile Application (“Application”)
as well as any purchase of a Product you order online from LC WAIKIKI.
When registering an Account on our
Website and/or Application you shall be provided on your e-mail address with an
electronic document containing the Terms and Conditions in force at the moment
of registration. We recommend that you print and keep a copy of the Terms and
Conditions for your future reference.
Before placing any orders onwww.lcwaikiki.ge and/or
Application, please read carefully the present Terms and Conditions. Please be
aware that from time to time, these Terms and Conditions might be subject to updates
without prior notice. Important amendments to the Terms and Conditions shall be
notified to you on your registered e-mail address. An updated version of the
Terms and Conditions shall always be available on the Website and/or
Application.
The version of the Terms and
Conditions that will apply to your order will be the one available on www.lcwaikiki.ge
and/or Application at the time you place your order, unless changes to these Terms and Conditions are required to be
made by law or governmental authority and we might be required to apply such
changes to orders previously placed by you.
By accessing and using the Website and/or
Application and as well as by placing orders on www.lcwaikiki.ge
and/or Application, you confirm that you have read and
understood the Terms and Conditions and that you agree to be fully bound by
their provisions.
DEFINITIONS
Throughout the present Terms and
Conditions, we shall use certain recurring terms which shall bear the meaning
indicated in the table below:
|
Products |
Clothing, footwear,
accessories and all other fashion articles described on our Website and/or
Application. |
|
User |
Any person who
accesses the Website and/or Application |
|
Registered User |
Any natural
person aged 18 years old or older who registers an Account on the Website
and/or Application with the future purpose of placing Orders. |
|
Guest |
Any natural
person aged 18 years old or older who visits the Website and/or Application
with the future purpose of placing Orders. |
|
Customer |
Any natural
person aged 18 years old or older who places an Order on the Website and/or
Application and, subject to the acceptance of such order by LC WAIKIKI,
becomes part of the distance sales contract having as object the sale and
purchase of LC WAIKIKI products. |
|
Order |
Material
manifestation of the will to purchase LC WAIKIKI products under the present
Terms and Conditions by using the electronic means available on the Website
and/or Application. |
|
Account |
Private Section
of the Website and/or Application that has attached an e-mail address and
password and is used by the Registered User for ordering purposes. It
contains various information about the Registered User and its activity on
the Website and/or Application, either submitted by the Registered User
itself (personal data), either automatically registered by the Website and/or
Application (Order history, invoices etc.). |
|
Newsletter |
Commercial and
advertising communication transmitted in exclusively in electronic format and
on a current basis to the Registered User, subject to the Registered User
consent in this sense, without representing an offer from LC WAIKIKI. |
|
Content |
Any graphics,
drawings, prints, photographs, images, sounds, music, video, audio, text,
logos, button symbols, database, design, software and any other elements which
can be visualized or accessed on the Website and/or Application. |
For ease of reference, we have structured
these Terms and Conditions into the following sections and subsections:
SECTION B. WEBSITE and Application TERMS OF USE
B.1. Accessing the Website and/or Application
B.3. Your Use of this Website and/or Application
B.5. Damage to Your Computer or Other Device
B.6. Links to Other websites and/or mobile applications
B.7. Linking to
our Website and/or Application 7
B.8. Social Networking Sites and mobile
applications
SECTION C. SALE TERMS AND CONDITIONS
C.1. Parties to the Distance Sale Contract
C.2. Registering an Account/Guest
C.4. Orders and Placing an Order
C.5. Order Acceptance and Conclusion of the
Distance Sale Contract
C.6. Payment Methods and Billing
C.7. Delivery,
Receipt and Transfer of Risks and Ownership
C.8. Returns ofProducts without Indicating Any Reason
C.9. Returns ofDefective Products…………………………………………………………………………………………………….13
C.10. Product Descriptions
and Prices
SECTION E. COMPLAINT SETTLEMENT PROCEDURE
SECTION F. GOVERNING LAW AND JURISDICTION
This Website and Application is owned and
operated by LC WAIKIKI GE LLC, a company registered and functioning
under the Georgian law, with headquarters in Georgia, Tbilisi, Factual address
Dolidze street, 5a, floor 6, duly registered with the National Agency of Public
Registry under the identification no.404916114.
We are true to our philosophy that
“Everyone Deserves to Dress Well” and therefore we enable you to enjoy the
accessible fashion of the LC WAIKIKI brand through quality Products at
affordable prices.
Please feel free to address any queries
to our Customer Service at the following contact details:
SECTION B. WEBSITE and
Application TERMS OF USE
The present Website
and Application Terms of Use (“Website and Application Terms”) apply to your
access and any use whatsoever of the LC WAIKIKI Website and/or Application, as
well as to any order you place on the Website and/or Application, regardless of
how you access the Website and/or Application, or what technologies or devices
you are using for such access.
By accessing, browsing, registering with, or using the Website and/or
Application in any manner available, as well as by placing an order on the
Website and/or Application, you confirm that you have read and understood
Website and Application Terms and that you agree to be bound by their
provisions.
These Website and Application Terms shall not limit or
exclude any liability that we are not permitted to limit or exclude under
applicable laws.
B.1. Accessing the Website and/or
Application
The Website and
Application is made available free of charge, to anybody who has access to
internet connection.
We do not guarantee
that our site and/or Application, or any content on it, will always be
available or be uninterrupted. We may suspend, withdraw, discontinue or change
all or any part of our site and/or Application without notice. We will not be
liable to you if for any reason our site and/or Application is unavailable at
any time or for any period.
B.3. Your Use of this Website
and/or Application
You
may only use this Website and/or Application for domestic, private and lawful
purposes.
You may not use the Website and/or
Application or any Content on it:
-
in
a way that breaches any applicable national or international laws or
regulations;
-
in
a way that infringes, restricts or inhibits anyone else's rights to use and
enjoy of this Website and/or Application;
-
for
any commercial purposes whatsoever;
-
to
knowingly transmit, send or upload any data or material that contains viruses,
Trojan horses, worms, spyware, adware or any other harmful programs or codes
designed to adversely affect the operation of any computer software or
hardware.
-
to
transmit, or procure the sending of, any unsolicited or unauthorized
advertising or promotional material or any other form of similar solicitation
(spam).
You also agree:
-
not
to copy, reproduce, frame, republish, download, print, post, re-post, broadcast,
record, transmit, communicate to the public, link to, deep-link into, or
distribute in any way the web pages and/or mobile application or materials on
the Website and/or Application or the computer codes or elements comprising the
Website and/or Application other than solely for your own personal use, without
our prior written consent;
-
not
to alter or distribute in any way alterations of the Content of the Website
and/or Application, including but not limited to the removal of LC WAIKIKI
logos and trademarks;
-
not
to damage, disrupt or impact the security of any part of this Website and/or
Application, its Content or any related network or software;
-
not
to make any fraudulent Order on the Website and/or Application.
We
reserve the right to immediately ban access to the Website and/or Application
to any User and close the Account of any Registered User who violates these
provisions.
We shall use our
reasonable endeavors in order to provide Content that is accurate, complete and
up-to-date. The inclusion of any Products on the Website and/or Application at
a particular time does not imply or warrant that these Products will be
available at any time. We reserve the right to discontinue any Product at any
time.
To the extent
permitted by applicable laws, LC WAIKIKI disclaims all representations and
warranties, express or implied in relation to the Content’s accuracy.
Should errors appear
in relation to Product description and/or prices or should relevant data be
missing from such Product information provided on the Website and/or
Application, LC WAIKIKI reserves the right to correct these errors and
eventually, to cancel or make changes in specific orders to the extent of
compliance with the applicable laws.
LC WAIKIKI aims to
reflect the exact color of Products in the pictures displayed on Website and/or
Application. However, the Company assumes no responsibility for the color
differences that may arise due to screen adjustments and use of different type
of screens.
B.5. Damage to Your Computer or Other Device
LC WAIKIKI uses
reasonable efforts to ensure that this Website and/or Application is free from
viruses and other malicious or harmful content. However, we recommend you to
take all precautionary measures in order to ensure safe access to the Website
and/or Application and its Contest as we cannot guarantee that your use of this
Website and/or Application will not cause damage to your computer or other
device. Except where required by applicable laws, LC WAIKIKI shall not be held
liable to any person for any loss or damage they suffer as a result of viruses
or other malicious or harmful content that they access from or via the Website
and/or Application.
B.6. Links to Other websites
and/or mobile applications
The Website and/or Application may
include links to other sites and/or mobile applications which are not under the
control of LC WAIKIKI. Such links are provided only for user convenience or
information sharing purposes and they should not be interpreted as endorsement
by us of those linked websites and/or mobile applications.
We assume no responsibility for the
content of websites and/or mobile applications linked on our site and/or
application. We will not be liable for any loss or damage that may arise from
your use of them.
B.7. Linking to our Website and/or Application
You may link exclusively to our home
page, without our prior approval, provided that you:
- do so in a way that is fair and legal, on a website and/or mobile application
owned by you;
- do not damage LC WAIKIKI reputation or take advantage of it;
- do not suggest any form of association,
approval or endorsement on our part where none exists;
- check for compliance of the website and/or mobile application in which you
are linking with the standards set forth in these Website and Application Terms of Use.
We reserve the right to withdraw linking
permission without notice.
B.8. Social Networking
Sites and Mobile Applications
These Website and Application Terms also
govern any Submissions you make on any LC WAIKIKI related third party website
or mobile applications or pages such as our Facebook page, Twitter, Pinterest,
YouTube or social networking site and/or mobile application. All comments,
images, videos and any other type of material posted on any third-party social
networking site or mobile application must comply with these Website and
Application Terms and the third party social networking sites’ or mobile
applications’ Terms of Use, as applicable.
SECTION
C. SALE TERMS AND CONDITIONS
These sale terms and conditions of
("Sale Terms and Conditions") apply to any Order you place
through www.lcwaikiki.ge and/or our Application, regardless of how
you access the Website and/or Application.
Before placing an Order, you must read
these Sale Terms and Conditions carefully. By placing an Order through the
Website and/or Application, you confirm that you have read, understood and
agree to be bound by these Sale Terms and Conditions in their entirety. If you
do not agree to these Terms and Conditions of Sale in their entirety, you must
not order any Product through the Website and/or Application.
C.1. Parties to
the Distance Sale Contract
These Sale Terms and Conditions regulate
the distance sale contract between the company LC WAIKIKI GE LLC (the
"Seller") and the customer (the "Customer") formalized
through the Website and/or Application for purchasing LC WAKIKI Products
via the Website and/or Application.
In order to place an order through the
Website and/or Application, the Customer must be 18 years or older and be the
final consumer. Minors are expressly excluded.
C.2. Registering
an Account/Guest
In order to place an Order, you can open
an Account with us, or alternatively, you can choose to place your order as
Guest, without registering an Account. However, you can choose to register an
Account with us after submitting your Order as Guest.
When you register you are required to
provide several personal details about yourself. Please make sure that all such
personal data provided is true, accurate, current, and complete in all
respects. You can update or correct your details at any time by accessing your
Account. Please refer to our Privacy and Data Protection Policy for
more information on how your personal information will be used and stored.
When you order through the Website and/or
Application as Guest you will still need to provide us with certain compulsory
personal details which we collect for Order processing and billing purposes. We
will not store the details that you provide via guest checkout (save for
processing your order, or if you have opted in to receive our newsletter). For
detailed information on how your personal information will be used and stored,
please see our Privacy and Data Protection Policy.
When you register an Account, you shall
be asked to provide a password in order to maintain your Account security. The
Account password you provide should be unique and kept secure. You are also
responsible for maintaining the confidentiality of your password and any
activities that occur under your Account. LC WAIKIKI shall not be liable to any
person for any loss or damage which may arise as a result of any failure by you
to protect your password or Account.
We may transfer your personal account
information to servers located outside the country in which you live so that
you can use your account in all LC Waikiki websites and/or Applications. In any
case, such transfer will be made in compliance with the Georgian legislation.
Should you become aware of or suspect any breach of security or any
unauthorized use of your password or account, please notify LC WAIKIKI
immediately.
C.4. Orders and Placing
an Order
All Orders are subject to acceptance and
availability, and items in your virtual shopping bag are not reserved and may
be purchased by other customers.
Our display of Products on the Website
and/or Application represents an invitation to an offer and not an offer to
sell those Products to you. An offer is made when you place the Order for the Products
added in the virtual shopping bag. However, the distance sales contract shall
not be concluded until we accept your offer (see subsection C.5. below).
Placing an order through the Website
and/or Application requires the completion of the following steps:
ü Choose the Products
that you like, select the color and size and add them to the virtual shopping
bag;
ü Check your virtual
shopping bag and proceed to complete order;
ü Enter the delivery and
billing information and choose the method of payment
ü Review all information
submitted and confirm the Order. By confirming the Order, you fully and without
reservation accept the version of the Terms and Conditions available of the
Website and/or Application which shall apply to the future distance sales
contract.
ü Have you chosen payment
by card, you shall be requested to make the payment. If the payment is authorized,
you will receive an automated acknowledgement e-mail for the receipt of the Order
on the e-mail address you have provided. This acknowledgement does not
represent an order confirmation or acceptance from LC WAIKIKI.
Products are subject to
availability. If we are unable to supply the Products, we will inform you
within 14 working days and your Order will not be accepted. If you have already
paid for the Products, refund will be executed based on the method of
payment in the order, within 14 (fourteen) calendar days. When your process
is completed, you will be informed via e-mail.
All Orders that you place on this Website
and/or Application will be subject to our acceptance in accordance with section
C.5. below.
C.5. Order Acceptance
and Conclusion of the Distance Sale Contract
Prior
to dispatch of the Products, LC WAIKIKI has the right to decline any Order for
any reason, including legal and regulatory reasons. In such case, LC
Waikiki will not be responsible before the Customer.
The
e-mail confirming that LC WAIKIKI has accepted your Order when your Order has
been processed and is ready to be dispatched shall contain a reiteration of the
ordered Products, agreement Price (including the delivery charges), chosen
payment and delivery method.
The
distance sale contract is concluded for a determinate duration. Such agreement
shall be deemed as terminated when both LC WAIKIKI and you will have executed
the mutual obligations in the terms and requirements undertaken as per these
Sale Terms and Conditions.
If,
upon you place the Order, it is understood that that part of the Products at
your Order cannot be supplied (due to being absent or defective etc.), we may
send you the Products partially. The price of the Product(s) which cannot be
supplied to you will be returned to your card through which you made the
initial payment. If you receive the Products partially, you may always return
the Products based on the terms of paragraph C.8. below. If we will provide
your Order partially, we will send you an e-mail informing the partial
shipment. If, at the time of your Order, you have benefit from a campaign due
to the amount of your Order, you will continue to benefit from such campaign.
C.6. Payment Methods and Billing
LC WAIKIKI accepts the following payment
methods:
-
Credit card or debit
card
By
completing your card details while placing your Order you confirm that the
credit or debit card being used is yours. All fields indicated as compulsory
must be completed.
The
applicable amount (including the delivery charges) will immediately be debited on
your card. LC WAIKIKI reserves the right to check the validity of the credit or
debit card, its credit status in relation to the Order value and whether the
address data of the Customer is correct. We may refuse Orders depending on the
result of these checks.
In
all cases where payment is made online, if bank fees and charges of any type
(transfer, exchange) apply, they shall be incurred by you. For information on
banking fees and charges please make prior reference to the bank which has
issued your payment instrument.
-
Cash
You
have option to make payment in cash, exclusively in Georgian Lari (GEL), upon
the delivery of the goods. In the event of non-payment or having insufficient
funds upon delivery, the goods will not be handed over to you. You will be
charged the final amount, including price of the selected goods, VAT (if
applicable) and delivery taxes (if applicable).
Based on the personal details provided by
you when you place an Order, LC WAIKIKI shall provide you with the
corresponding hard copy invoice at the delivery moment of the Products. By
placing an Order, you consent to such billing modality.
C.7. Delivery, Receipt and Transfer of Risks and Ownership
Delivery shall be
performed by courier. In case of cash payment, the delivery of the order will
be carried out by the courier company Onway (address: Rostevani Street, N8,
Tbilisi, Georgia; phone number: +995322004848; e-mail: info@onway.delivery).
Please note that delivery charges and
timescales vary depending on the type of Products ordered and the delivery
address. You’ll find full details of our delivery charges and estimate
timescale in the table below, with the mention that you may receive free
delivery as promotional offer, given that certain requirement is met:
|
City |
Charges |
Estimated Timescale |
|
Tbilisi |
4.99 GEL |
1-3 Working Days |
|
Region |
4.99 GEL |
2-5 Working Days |
|
|
|
|
Orders are usually delivered within 14 (fourteen)
to 20 (twenty) business days from the date of Order acceptance. The
delivery schedule is usually met, although LC WAIKIKI cannot guarantee
punctuality. In any event, LC WAIKIKI shall use all
reasonable endeavors to ensure delivery of the Products to you within 30
(thirty) calendar days as of the acceptance date. You can track the status
of the delivery either by accessing your Account, or by using the courier
tracking services.
You must verify the
state of the packaging upon delivery. If the package is damaged, you must not
accept the delivery.
All risk in the Products you order
(including risk of loss and/or damage to the Products) shall pass to you when you
gain physical possession of the Product, or a third party accepts the Products
on behalf of you at the moment of delivery. Ownership of the Products shall not
pass to you until we have received full payment.
We shall be under no liability for any
delay or failure to deliver Products if the delay or failure is wholly or
partly caused by circumstances beyond our control.
C.8. Returns of
Products without Indicating Any Reason
You will always have 14 (fourteen)
calendar days from the moment of delivery of the Products to inform LC WAIKIKI
in writing about your wish to return the Product without indicating any reason.
Please note, that if you initiate the
return procedure, the inside as well as outside labels on the product shall not
be damaged and the product shall not bear the traces of use. If the label(s) is
damaged/not present, or the product bears the traces of use LC WAIKIKI is entitled
to decline your request on return.
Please note, you
can return the returned product (s) free of charge to our return address: LC Waikiki
GE LLC, Tbilisi, Georgia, Chirnakhuli Street 9, 0151. To return the above
products, you can contact our
carrier at phone number +995322910220 or via e-mail lcw@icsgeorgia.ge or contact the currier
company Onway at phone number +995322910220 or via e-mail info@onway.delivery.
For each option, please inform carrier with order number or
original tracking number to avoid delay on booking. After booking, the courier will come to your address and pick
up the returned product, with your refund invoice. Or you can visit the
nearest office of our courier company, deliver the product with the return
invoice, and they will bring your product to our warehouse.
You will have 7 (seven) calendar days to return
the product after you notify us about your wish to do so.
Please note, that the return
procedure shall only be initiated by filling out the return form, which is to
be sent to you along with the Product(s) and the invoice.To avoid any problem on the
return, please make sure you add your return form with your product.
Please note,
that you may not be able to return the product without indicating any reason if
your right to do so is excluded by the applicable laws.
Payment Method: Refund will be made to the
account where the payment was made at the time of purchase within 14 (fourteen)
calendar days after you notify us regarding your wish to return the product. If payment is made in
cash, the refund will be processed to the bank account provided by you in the
return form.
If you made the payment in cash, the amount will be returned to
the bank account number specified by you in the return form. The return
procedure can only be conducted on LC WAIKIKI’s website (www.lcwaikiki.ge)
and/or Application Alongside this form, you must provide details of a valid
bank account to facilitate the return process. The refund amount for the
returned items will be credited the specified bank account. Return of funds can
only be performed via bank account, therefore refunds cannot be performed in
cash.
Please note, that you may not be refunded
unless (1) you return the product to our return address within 7 (seven)
calendar days after you notify us about your wish to do so, or (2) deliver the
product to our courier company, or (3) our courier picks-up the product from
you.
The return process is fully
automated.
C.9. Returns of Defective Products
If the product you have
purchased appears to be defective, you are entitled to initiate the return
procedure.
If you receive the defective Product, please, immediately
initiate the return procedure based on the terms of paragraphs C8 (i.e. – you
should contact our carrier, fille out the return form etc.).
Please note, that if you
initiate the return procedure, the product shall not bear the traces of use. LC
WAIKIKI may decline your request on return if the product bears the traces of
use. You must always verify
the state of the packaging upon delivery. If the package is damaged, you must
not accept the delivery.Please note, that you are not entitled to request the
return of products if the defect is insignificant.
Please note, that the defective Products are not subject to
replacement and shall be returned.
You are entitled to request
return of defective product within 2 (two) years after the delivery of such
product.
The return process is fully automated.
C.10.
Product
Descriptions and Prices
A description of the main characteristics
of Products can be found on the Product pages of the Website and/or Application.
We have taken reasonable precautions to try to ensure that all Products have
been fairly described, however please note that whilst we try to display the
colours of our Products accurately on the Website and/or Application, the
actual colours you see will depend on your monitor settings and we cannot
guarantee that your monitor's display of any colour will accurately reflect the
colour of the Product on delivery.
Prices for Products on the Website and/or
Application appear on the Product pages and include VAT. Delivery taxes and
banking taxes, as applicable, can be added to the final Price. Therefore, the
final Price incurred by you shall be composed of the following elements:
Product Price + Delivery taxes (if applicable) + banking taxes (if applicable).
Prices and Offers may vary and may only
be available for limited periods. All Prices and Offers are subject to
availability and may be withdrawn or amended at the discretion of LC WAIKIKI.
The Prices on the Website and/or Application may differ to prices in retail
stores, catalogues or elsewhere. Internet offers relate to internet
transactions only and may not be available in store. Likewise, temporary or
local special offers in store do not apply to internet prices unless expressly specified.
We have taken reasonable precautions to
try to ensure that all Products are correctly priced. However, it is possible
that, despite best efforts, some of the Products listed on the Website and/or Application may be incorrectly priced. Prices shown
in error shall not be binding on LC WAIKIKI.
If 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 option of reconfirming your Order at the correct
price or cancelling it.
LC WAIKIKI is only responsible for losses
that are foreseeable consequence of our breach of these Terms and Conditions.
We will not be liable to you if we are prevented or delayed from complying with
our obligations under these Sale Terms and Conditions by anything you (or
anyone acting on your behalf) do or fail to do or due to events which are
beyond our reasonable control.
You must follow any instructions/advice
we give you to keep Products you ordered safe (including any instructions or
Product manuals provided with the Products). We cannot accept liability for
damage to Products which is caused by your failure to follow such
instructions/advice.
Nothing in these Sale Terms and Conditions shall limit or exclude LC WAIKIKI’s
liability for (i) death or personal injury caused by our negligence, (ii)
fraud, (iii) any breach of the obligations implied by applicable compulsory laws
or (iv) any liability which cannot be excluded by law.
SECTION E. COMPLAINT SETTLEMENT PROCEDURE
If you have a complaint about us
e-mail [support@lcwaikiki.com] giving full details including
date of purchase and order reference number where applicable and your full name
and address and contact details.
We shall provide you with our
official reply/solution, by e-mail, within 5 (five) business days as of the
receipt of your complaint.
SECTION F. GOVERNING LAW AND JURISDICTION
You may also apply
to the Competition Agency of Georgia if you believe that your rights have been
violated. This does not exclude your right to apply to the Georgian courts.
SECTION G. MISCELANEOUS
You may not assign or sub-contract
any of your rights or obligations under these Terms and Conditions to any third
party unless we agree in writing.
We may assign, transfer or
sub-contract any of our rights or obligations under these Terms and Conditions
to any third party at our discretion, provided that such third party shall
ensure the same level of guarantee and liability towards you. Assignment,
transfer or sub-contract of our obligations will only be made by mutual
agreement between us.
No relaxation or delay by us in
exercising any right or remedy under these Terms and Conditions shall operate
as waiver of that right or remedy or shall affect our ability to subsequently
exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these Terms and Conditions are found to be illegal, invalid or
unenforceable by any court of competent jurisdiction, the rest of these Terms
and Conditions shall remain in full force and effect.
SECTION H. YOUR
THOUGHTS
We are always open to your valuable
opinions and feedback regarding our Website and/or Application and you may
always contact us with your comments and suggestions through our contact
information specified under A.2.