Loading...
GENERAL TERMS AND CONDITIONS
("Terms and Conditions")
The following pages provide detailed information about LC Waikiki Retail MNE Podgorica ("LC WAIKIKI", "LC Waikiki", "We", "Us", "Company"), and the legal terms and conditions governing your use of the https://www.lcwaikiki.me Site and online application LC WAIKIKI (together: the "Site", the "Online Store"), as well as any purchase of a product ordered online from LC WAIKIKI.
After you register an account on our Site, you will receive an electronic document to the email address you provided, containing the Terms and Conditions in force at the time of registration. We recommend that you print and keep a copy of the Terms of Service for future reference.
Before placing orders on Site, please carefully read these Terms and Conditions.
Please note that these Terms and Conditions may be occasionally updated without prior notice. Important changes to the Terms and Conditions will be notified to you at your registered email address. An 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 onSite at the time of placing your order, unless changes to these Terms and Conditions need to be made by law or government authority.
By accessing and using the Site and placing orders on Site, you confirm that you have read and understood the Terms and Conditions and that you agree to be fully bound by their provisions.
Nothing in these Terms and Conditions shall be interpreted as contrary, breach or exclude, the Montenegrin regulation re protection of customers.
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 items described on our Site. |
User | Anyone who accesses our Site. |
Registered user | Any individual aged 18 years or over who registers an Account on the Site to place orders in the future. |
Guest | Any individual aged 18 years or over who visits the Site to place orders in the future. |
Customer | Any individual aged 18 years or over who places an order on the Site and, subject to the acceptance of such order by LC Waikiki Retail MNE Podgorica becomes part of the distance sales agreement 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 Site. |
Account | Private Section of the Site 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 Site, either submitted by the Registered User itself (personal data), either automatically registered by the Site (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 Retail MNE Podgorica. |
Content | Any graphics, drawings, fingerprints, photographs, images, sounds, music, video, audio, text, logos, button symbols, databases, design, software, and any other elements that can be viewed or accessed on the Site. |
For simplicity, we have structured these Terms and Conditions into the following sections and subsections:
SECTION A. ABOUT US
A.1. Information about the Company
This Site is owned and managed by LC Waikiki Retail MNE Podgorica, a company registered and operating under Montenegrin law, based in Montenegro, Podgorica, at the address Serdara Jola Piletica bb, Business Center Palada, 2nd floor, duly registered with the Central Registry of Business Entities Montenegro under registration number: 50837108, and TIN: 03194817, part of the international group of companies LC WAIKIKI.
We believe in our philosophy that "everyone deserves to dress well" and therefore 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 Customer Service at the following contact details:
Mailing address: Serdara Jola Piletica bb, Business Center Palada, 2nd floor, Podgorica, Montenegro
Phone number: [insert].
E-mail: montenegro@lcwaikiki.info
SECTION B. TERMS OF USE OF THE SITE
The current terms of use of the Site (the "Site Terms") apply to your access to the Site and any use of the LC WAIKIKI Site, as well as any order placed on the site, regardless of how you access the site or the technologies or devices that you use to access it.
By accessing, browsing, registering, or using the Site in any way available, as well as by placing your Order on the Site, you confirm that you have read and understood the Site Terms and that you agree to abide by their provisions.
The Terms of the Site do not limit or exclude any liability that we are not allowed to limit or exclude under applicable laws.
B.1. Accessing the Site
The site is available free of charge to all those who have access to an internet connection.
We do not guarantee that our Site or any content on it will always be available or uninterrupted. We may suspend, withdraw, discontinue or modify all or any part of our Site without notice. We will not be liable to you if, for any reason, our Site is unavailable at any time or for any period.
B.2. Rights over Content
All electronic materials and elements that constitute the content of this Site are protected by copyright, trademark registrations, and other intellectual and industrial property rights. All these rights are owned or licensed by LC Waikiki Retail MNE Podgorica, or by any of the companies of the LC WAIKIKI Group, its affiliates, or from the providers of such content. All these rights are reserved for our use.
B.3. Your use of the site
You may use this Site exclusively for internal, private, and legal purposes.
You may not use the Site or any content on it:
in a manner that violates applicable national or international laws or regulations,
in a manner that infringes, restricts, or suppresses the rights of others to use and benefit from this site,
for any commercial purpose,
to transmit, send or upload any data or material containing viruses, hidden trojan programs, worms, spyware, adware, or other harmful programs or codes designed to adversely affect the functioning of any computer software or hardware,
transmit or procure the sending of unsolicited or unauthorized advertising materials or promotional materials or any other similar form of solicitation (spam).
You also agree to:
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 or materials on the Site or the computer codes or elements comprising the Site 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 Site, 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 Site, its Content or any related network or software;
not to make any fraudulent Order on the Site.
We reserve the right to immediately ban access to the Site to any User and to close the Account of any Registered User who violates these provisions.
B.4. Content Accuracy
We shall use our reasonable endeavors to provide Content that is accurate, complete and up to date. The inclusion of any Products on the Site at a particular time does not imply or warrant that such Products will be available at any time. LC WAIKIKI reserves the right to discontinue any Product, in accordance with applicable law.
To the extent permitted by applicable laws, LC WAIKIKI does not guarantee that all Content will be entirely free from errors, but this does not affect the statutory rights of consumers under applicable consumer protection legislation.
Should obvious errors appear in relation to Product descriptions and/or prices, or should relevant data be missing from the Product information provided on the Site, LC WAIKIKI reserves the right to correct such errors and, where necessary, to cancel or amend specific orders, in full compliance with applicable laws and without prejudice to the consumer’s statutory rights.
LC WAIKIKI aims to display the colors of Products as accurately as possible. However, minor differences may occur depending on screen settings and device characteristics, for which the Company cannot be held responsible.
B.5. Damage to the Computer or Other Device
LC WAIKIKI makes reasonable efforts to ensure that this site does not contain 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 your use of this site will not cause damage to your computer or another device. Except where required by applicable laws, LC WAIKIKI shall not be liable to any person for any loss or damage suffered as a result of viruses or other malicious or malicious content that it accesses from or through the site.
B.6. Links to Other Sites
The Site may include links to other Sites that are not under the control of LC WAIKIKI. Such links are provided solely for the convenience of users or for information-sharing purposes and should not be construed as an endorsement by us of these associated sites.
We assume no responsibility for the content of the sites linked to our Site, to the extent permitted by applicable law. We will not be liable for any loss or damage that may arise due to your use of them, without prejudice to any rights that cannot be excluded or limited under mandatory consumer protection laws.
B.7. Linking to our Site
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 Site 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 site in which you are linking with the standards set forth in these Terms and Conditions.
We reserve the right to withdraw linking permission without notice.
B.8. Social Networking Sites
These Site Terms also govern any transmissions you make on any third-party Site related 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 any third-party social network Site must comply with these Site Terms and the terms of use of third-party social networking sites, as applicable.
SECTION C. TERMS AND CONDITIONS OF SALE
These Terms and Conditions apply to any Order you place on [insert] Site, regardless of how you access the Site.
Before placing an Order, you must carefully read these Terms and Conditions. By placing an Order through the Site, you confirm that you have read, understood and agree to be fully bound by these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you must not order any Product through the Site. This also includes all changes and amendments of this Terms and Conditions, which will be valid at the moment of the specific order.
C.1. Parties to the Distance Selling Contract
These Terms and Conditions govern the distance sale agreement between the company LC Waikiki Retail MNE Podgorica (the "Seller") and the customer ("Customer") formalized through the Site for the purchase of LC WAIKIKI products through the Site.
In order to place an order through the Site, the Customer must be 18 years old and be the final consumer. Minors are expressly excluded.
C.2. Registering an Account / Guest
To place an Order, you can open an Account with us, or alternatively, you can choose to place your Order as a Guest without registering an Account. However, you can choose to register an Account after submitting your Order as a 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 first, prior placing the Order, refer to our Privacy Policy for more information on how your personal information will be used and stored, which is published on our Site.
When you order through the Site as a Guest, you will be required to provide certain mandatory personal data necessary for order processing and billing purposes. Such data shall be processed and stored only to the extent necessary for the performance of the Order and in accordance with applicable law (including accounting, tax and consumer protection obligations), and as further described in our Privacy and Data Protection Policy.
C.3. Account Security
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 for any loss or damage arising from your failure to protect your password or Account, except where such loss or damage is caused by the Company’s fault or where liability cannot be excluded under applicable law.
We may transfer your personal account information to servers located outside the country in which you live so that you can use your account on all LC Waikiki Sites, in accordance with the Privacy Policy and applicable data protection regulations.
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.
LC WAIKIKI is not obliged to actively monitor the data which are stored, transferred or made available, nor to investigate circumstances which may lead to unauthorized activities of users.
LC WAIKIKI shall inform the competent authority in cases of reasonable suspicion of unlawful activities or prohibited content, in accordance with applicable Montenegrin law.
C.4. Ordering 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 Site represents an invitation 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 agreement shall not be concluded until we accept your offer (see subsection C.5. below).
Placing an order through the Site requires the completion of the following steps:
Place the Products that you like, select the color and size and add them to the virtual shopping bag;
Check your virtual shopping bag and proceed to complete order;
Enter the delivery and billing information and choose the method of payment;
Review all information submitted and confirm the Order.
By confirming the Order, you acknowledge and accept the version of the Terms and Conditions available on the Site which apply to the distance sales agreement, without prejudice to your statutory consumer rights.
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.
Have you chosen payment by any other method, 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 of this as soon as possible and your Order will not be accepted. If you have already paid for the Products, a refund will be made in accordance with applicable consumer protection regulations, using the same method of payment. When the process is completed, you will be informed via e-mail.
All Orders that you place on this Site will be subject to our acceptance in accordance with section C.5. below.
C.5. Acceptance of the Order and Conclusion of the Distance Selling Agreement
Unless we have notified you that we do not accept your Order or you have cancelled it, Order acceptance and the conclusion of the distance sale agreement between you and LC Waikiki will take place at the point you receive an e-mail confirmation of your respective Order.
Prior to dispatch of the Products, LC Waikiki has the right to decline any Order for justified reasons, including but not limited to legal or regulatory reasons, lack of availability or obvious errors, in accordance with applicable regulations.
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, agreed Price, chosen payment and delivery method and the term of delivery, and other mandatory information required under applicable consumer protection laws.
The distance sale agreement is concluded for a determinate duration. Such agreement shall be deemed performed when both LC Waikiki and you have fulfilled the mutual obligations undertaken under these Sale Terms and Conditions.
This Agreement is concluded in the Serbian/Montenegrin language. For the convenience of consumers, this Agreement may also be provided in English and/or Turkish.
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 or that you are duly authorized to use it. All fields indicated as compulsory must be completed.
The applicable amount will be authorized on your card at the time of placing the Order and charged in accordance with the procedures of the payment service provider.
In case of payment by card, you will provide your payment data directly to the payment processor and not to us and therefore, you will be subject to the privacy policy of the payment processor.
We recommend that you read the terms and conditions of the Privacy Policy available on our Site before selecting this payment method. The credit card information used for placing your Order shall never be kept or stored in our system.
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. Orders may be refused based on the outcome of these checks, in accordance with applicable law.
In all cases where payment is made online, if bank fees or charges imposed by the card-issuing bank or payment service provider apply (e.g. transfer or currency exchange fees), they shall be incurred by you. For information on such fees and charges, please contact the bank or payment service provider that has issued your payment instrument.
Payment on Delivery
Payment on delivery is made to the courier at the time of delivery of the ordered Products. Payment on delivery may be made in cash or, where technically available, by debit or credit card via the courier’s POS terminal.
Based on the personal details provided by you when placing an Order, LC Waikiki shall provide you with the corresponding invoice, along with the withdrawal form and notification of consumer rights, electronically, prior to or at the latest upon delivery, in accordance with applicable law. By placing an Order, you consent to such billing modality.
By creating the Order, you acknowledge and accept that the fiscal invoice, withdrawal form, general terms and conditions of purchase, and the notification of consumer rights relating to the distance sale contract are provided to you electronically.
In accordance with the Montenegrin fiscalization regulations, the fiscal invoice may be delivered in electronic form (e.g. by e-mail or other durable medium). By placing the Order and accepting these Terms and Conditions, the Customer agrees to receive the fiscal invoice electronically. This does not affect the Customer’s statutory rights. Upon the Customer’s request, a paper copy of the fiscal invoice shall be provided, free of charge, in accordance with applicable law.
LCW MONEY
C.7. Delivery, Reception, and Transfer of Risks and Ownership
Delivery shall be performed by courier with whom LC WAIKIKI signed the agreement on services of delivery.
Please note that delivery fees and delivery times vary depending on the type of Products ordered and the delivery address, and in any case the delivery term cannot be longer than 30 days as of signing the distance sale agreement. You will 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 requirements are met:
Country | Charges | Estimated Timescale |
Montenegro | [insert] EUR bellow [insert] EUR | [insert] working days |
Orders are generally delivered within [insert] business days from the date of acceptance of the Order. The delivery schedule is usually met, although LC WAIKIKI cannot guarantee punctuality. 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. You can track the status of the delivery either by accessing your Account or by using courier tracking services.
You need to check the condition of the packaging on delivery. If the packaging is damaged, you don’t have to accept the delivery.
All risks in the Products you order (including the risk of loss and/or damage to the Products) will be passed on to you when you or a third party designated by you take physical possession of the Product upon delivery. Product ownership will pass to you the moment we receive full payment, provided that you are already in physical possession of the Product.
We will in no way be liable for the 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
If the Product you purchased does not conform to the contract, you must notify LC WAIKIKI of the non-conformity within 90 (ninety) days from the day you discovered it, and in any event no later than 2 (two) years from the date of delivery. If you notify LC WAIKIKI of the non-conformity within 90 (ninety) days from the date of delivery of the Product, you have the right to choose, at your discretion, one of the following remedies: repair, replacement, an appropriate price reduction, or termination (rescission) of the contract with a full refund, in accordance with the applicable Consumer Protection Law.
After the expiration of the above 90-day period, and for as long as the two-year period of liability for non-conformity is still in force, you remain entitled to remedies if the Product is defective or otherwise does not conform to the contract. In this period, your primary remedy is repair or replacement of the Product, free of charge, unless the chosen remedy is impossible or would impose a disproportionate burden on LC WAIKIKI.
LC WAIKIKI shall perform repair or replacement within an appropriate time, but no later than 15 (fifteen) days from the date you submit the request, and without significant inconvenience to you, taking into account the nature of the Product and the purpose for which it was acquired.
If repair or replacement is impossible, cannot be completed within a reasonable period not exceeding 15 (fifteen) days, is unsuccessful, is unduly delayed, or would impose a disproportionate burden on LC WAIKIKI, you may instead request either a proportionate reduction of the purchase price or full rescission of the contract, which entitles you to return the Product and receive a full refund. Rescission is not permitted where the lack of conformity is minor, although repair or replacement remains available in such cases.
In addition, if repair or replacement has been carried out at least two (2) times within 90 (ninety) days from the date you notified LC WAIKIKI of the non-conformity, you may request a price reduction or rescission with a refund.
In all cases, the costs necessary to bring the Product into conformity are borne exclusively by LC WAIKIKI, including labour, materials, collection/handling, shipping/transport and delivery costs. Where replacement is the remedy, LC WAIKIKI will replace the Product as many times as necessary until conformity is achieved. In addition to these remedies, you may also seek damages for any loss caused by the defect, in accordance with applicable liability rules.
C.9. Right of Withdrawal
You have the right to withdrawal from the contract (cancel your order) in whole or in part within 14 (fourteen) calendar days, starting from the day you (or someone you nominate, other than a carrier) receive the products (or the last product in case of partial delivery), without giving any reason and with no additional costs, except the direct costs of return of the Products (unless if LC WAIKIKI accepts to bear such costs).
To exercise the right of withdrawal, you may notify us at LC WAIKIKI RETAIL MNE PODGORICA, at the address: Serdara Jola Piletića BB, Biznis Centar Palada, 2. floor, Podgorica, Montenegro, via email: [insert email] or via our e-commerce platform on Site: [insert hyperlink], of your decision to withdraw from this contract by an unequivocal statement. You may use the model withdrawal form as set out in the Annex, but it is not obligatory.
To meet the withdrawal notice deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
For exercising your right of withdrawal, you must pack the items securely, and if possible in their original packaging, and, where available, include the return form located on the back of the invoice. In your parcel you will see a label with the return address and barcode, which you should attach to your parcel. If you cannot find it in your parcel, send it to the following address:
[insert store name]
[insert address]
To meet the withdrawal deadline, you must return or dispatch the Product to LC WAIKIKI within 14 (fourteen) days from the day you send us your withdrawal notice. The deadline is considered met if you send the Product before the expiry of this fourteen-day period, regardless of the date on which LC WAIKIKI actually receives it.
Withdrawal effects
In the event of withdrawal, we will refund all payments received from you, excluding delivery costs, without undue delay, and in any case no later than 14 (fourteen) days from the date we are notified of your decision to withdraw from this Agreement. We will make the refund using the same means of payment that you used for the original transaction unless you have expressly agreed otherwise. We may withhold a refund until we receive the goods back, or if you have provided proof that you sent the goods back, whichever occurs first.
The customer bears direct costs of returning of goods.
The following Products are exempt from withdrawal: Products which are made to measure orders of Customer or clearly personalized Products; sealed Products that cannot be returned due to protection of health and hygiene reasons and which are unsealed after the delivery (e.g. lingerie and swimwear products); perishable Products or Products that are close to their expiration date.
Your obligations in case of withdrawal:
to return the products or hand them over to us or to a person authorized by us to receive the goods, without undue delay and in any case 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 if possible the original packaging, and with the related labels.
to bear the direct costs of return of the Products.
where appropriate, you shall be solely liable for any reduction in the value of the Products resulting from the handling of the goods, other than those necessary to establish the nature, characteristics, and functioning of the Products.
Obligations of LC WAIKIKI in case of withdrawal:
refund all payments received from you, including, where applicable, the costs of delivery without undue delay and in any case no later than 14 (fourteen) days from the date on which we were informed of your decision to withdraw,
If we have shipped the Products to you and you have canceled the order before delivery, we may withhold the amount of money representing their value until we receive the goods back or until you have provided proof of return of the Products, regardless of which of these events occurs first.
C.10. Product Descriptions and Prices
A description of the main features of the Products can be found on the Product pages on the Site. We have taken reasonable steps to try to ensure that all Products have been fairly described, however, please note that while we try to accurately display the colors of our Products on the Site, the actual colors you see depend on the monitor settings, and we cannot guarantee that your monitor screen will accurately reflect the color of the Product on delivery.
The prices for the products on the site appear on the Product pages in EUR and include VAT. Delivery charges and bank charges, if applicable, may be added to the final price. Therefore, the final price that you will have to pay will consist of the following elements: Product Price + Delivery Fees (if applicable) + Bank Fees (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 modified at the discretion of LC WAIKIKI. Prices at the Site may differ from prices in retail stores, catalogs, or elsewhere. Online offers refer only to Internet transactions and may not be available in the store. Similarly, temporary or local special offers available in the stores 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 the best efforts, some of the Products listed on the site are displayed at incorrect prices. Erroneously displayed prices are not binding on of LC WAIKIKI as mentioned above our display of Products on the Site represents an invitation 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 agreement shall not be concluded until we accept your offer.
Following the conclusion of a distance contract, LC WAIKIKI will provide you, on a durable medium and no later than upon delivery of the Products, with a confirmation of the concluded contract. This confirmation will include all legally required pre-contractual information, including the essential characteristics of the Products, our identity and contact details, the total price and any additional costs or the method of their calculation, payment and delivery terms, your right of withdrawal and related obligations, liability for conformity, the duration of the contract or conditions for its termination, and available dispute-resolution mechanisms, unless such information has already been provided to you on a durable medium prior to the conclusion of the contract.
In the event thatof 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 to reconfirm your Order at the correct price or to cancel it. If you have already paid the price, of LC WAIKIKI shall refund the paid amount.
C.11. Product Warranties
For Products sold on our Site, we guarantee conformity and quality, according to the related description on our Site.
All our Products bear:
a guarantee of legal conformity of a maximum of 2 (two) years as protection of the customer for non-conformity granted by law, representing the legal obligation of LC WAIKIKI to bring the product to conformity by repair or replacement or to reimburse the price, without any additional fees incurred by the Customer.
C.12. Liability
LC WAIKIKI is solely responsible for losses that are the foreseeable consequence of our breach of these Terms and Conditions, in accordance with mandatory consumer protection legislation. We will not be liable if we have been prevented or delayed in complying with our obligations under these Terms and Conditions due to what you or anyone acting on your behalf does or fails to do or because of events that are not under our reasonable control.
You must comply with the instructions /advice we offer you in order to keep the Products you have ordered safe for use (including the instructions or manuals of the products supplied with the products). We cannot accept liability for damage caused to Products resulting from failure to comply with these instructions/recommendations.
Nothing in these Terms and Conditions of Sale shall limit or exclude 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.
SECTION D. COMMUNICATIONS
Communications, including notices, requests, and complaints, between you and LC WAIKIKI will be done mainly electronically by e-mail or through notices published on the Site. By accessing the Site and placing Orders, you agree to this electronic means of communication and acknowledge that the agreement, notices, information, and other communications that LC WAIKIKI provides to you in electronic format comply with any legal requirement that such communications be made in writing and presented on a durable medium.
SECTION E. COMPLAINTS PROCEDURE
If you wish to make a complaint, please send an email to [insert email]or call our Contact Center by phone [insert phone number] providing full details, including the date of purchase and the reference number of the order, if applicable, and your full name and address and contact details. LC WAIKIKI will send you the official response/solution, by email, within 8 (eight) business days of receiving your complaint.
If LC WAIKIKI does not respond to your complaint within the statutory deadline, or if your complaint is rejected, you may escalate the matter by submitting a formal request for protection of rights to the competent consumer-protection authorities, including the Ministry of Economic Development of Montenegro and the relevant inspection bodies responsible for supervising compliance with consumer-protection law. These authorities may review your complaint, conduct inspections, and where they determine that a violation of consumer rights has occurred (including rights relating to pricing, product conformity with the contract, guarantees, unfair contractual terms, or unfair commercial practices) may order LC WAIKIKI to take the actions required by law.
If the authorities determine that no violation of consumer rights has occurred, they will issue a decision to that effect and inform you that you may seek further protection of your rights through judicial or, where applicable, the Board for out-of-court settlement of consumer disputes of Montenegro Chamber of Commerce. You also retain the right to appeal any such decision in accordance with the rules governing administrative procedure.
For the avoidance of doubt, you retain the unrestricted right to initiate court proceedings against LC WAIKIKI at any time, regardless of the administrative complaint options described above.
SECTION F. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by and construed by Montenegrin law. Any dispute or discrepancy resulting from the application or interpretation of these Terms and Conditions, including the Terms and Conditions of Sale, which cannot be settled amicably, will be settled by the Montenegrin courts in Podgorica.
SECTION G. MISCELLANEOUS
You may not transmit or subcontract any of your rights or obligations under these Terms and Conditions to any third party except with our written consent.
We may transmit, transfer or subcontract any of our rights or obligations under these Terms and Conditions to a third party in our sole discretion, provided that such third party ensures the same level of warranty and liability to you.
No relaxation or delay in exercising any right or remedy under these Terms and Conditions will act as a waiver of this right or remedy or affect our ability to subsequently exercise that right or remedy it. Any waiver must be agreed upon by us in writing.
If any of these Terms and Conditions is held to be illegal, invalid, or unenforceable by any court of competent jurisdiction, the remaining terms and conditions will remain applicable and in full force and effect.
SECTION H. YOUR THOUGHTS
We are always open to your valuable opinions and feedback on our site and you can always contact us with your comments and suggestions through our contact details specified in A.2.
ANNEX 1
UNILATERAL TERMINATION OF A CONTRACT CONCLUDED OUTSIDE BUSINESS PREMISES
OR AT A DISTANCE
(Complete and send this form only if you wish to unilaterally terminate the contract)
| (first and last name, address) |
| [here the seller states its name/company name and registered seat, telephone number and e-mail address or fax number] |
| (select as appropriate) |
| (select as appropriate) |
Consumer’s signature ______________________
(only if this form is submitted on paper)
Date _______________