Terms and Conditions / SERVICE | LAVENCI™ Clothing

Terms and Conditions Lavenci

Article 1 Definitions

Lavenci is a sole proprietorship that focuses on designing and (online) selling the Lavenci clothing brand.
In these General Terms and Conditions 'Customer' is understood to mean: the natural person or legal person or the partnership of natural and / or legal persons or the intermediary or representative acting on their behalf who uses the Services of Lavenci and Lavenci instructs Services to grant as referred to in Paragraph 4.
In these General Terms and Conditions 'Agreement' means: the legal relationship between Lavenci and the Client, all this in the broadest sense.
In these Terms and Conditions, 'Services' is understood to mean: all products delivered to the Customer by Lavenci and / or third parties engaged by it, including the clothing brand Lavenci, as well as all other work of any kind performed by Lavenci on behalf of the Customer, also performed in the context of an assignment, including work that is not performed at the express request of the Customer.
In these Terms and Conditions 'Website' means: the Website lavenci.com.

Article 2 Applicability of the Terms and Conditions

The Terms and Conditions apply to all Agreements concluded between the Customer and Lavenci in which Lavenci provides Services and / or products.
Deviations from the Terms and Conditions are only valid if expressly agreed in writing with Lavenci.
Applicability of the Customer's purchasing or other conditions is expressly rejected, unless expressly agreed otherwise in writing.
The Terms and Conditions also apply to additional or changed orders from the Client.

Article 3 The Agreement

All offers on the Website are without obligation, unless explicitly stated otherwise. Lavenci reserves the right to change the Website at any time.
In the event of a business Client, the Client may contact Lavenci via the Website, email or telephone for any of the Services offered. Lavenci will consult with the Client about his expectations and can then draw up an offer that will be sent by letter or e-mail. The Agreement is only concluded by signing the offer or by means of an order confirmation.
If there is a private Customer, they can place orders on the Website. The Agreement is then concluded by placing an order.
If Lavenci sends a confirmation to the Customer, it is decisive for the content and explanation of the Agreement, subject to obvious clerical errors. Lavenci cannot be held to its offer if the Customer can reasonably understand that the offer, or any part thereof, contains an obvious mistake or error.
If a business Customer makes notes or comments on Lavenci's offer, they will not form part of the Agreement, unless Lavenci confirms this in writing.
An assignment by a business Customer that has not been preceded by a written offer requires written acceptance by Lavenci.

Article 4 Performance of the Agreement

Lavenci will endeavour to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship, as well as in accordance with the written agreements as far as possible.
Lavenci has the right to have certain work done by third parties, including the sending of the products via parcel post by various postal companies, as well as the processing of payments by Mollie Payments.
When engaging third parties, Lavenci will exercise due care. The costs of engaging these third parties are for the account of the Client and will be passed on by Lavenci to the Client.
The Client shall ensure that all information, which Lavenci indicates is necessary or which the Client should reasonably understand to be necessary for the execution of the Agreement, is provided to Lavenci in a timely manner. If the information required for the execution of the Agreement has not been provided to Lavenci in a timely manner, Lavenci has the right to suspend the execution of the Agreement and / or to charge the Customer the additional costs resulting from the delay at the then usual rates bring.
The Client ensures that Lavenci can provide its Services in a timely and proper manner. If the Client does not comply with his agreements in this regard, he is obliged to compensate the resulting damage.
If a period has been agreed or specified for the performance of Services, this is never a strict deadline. If a term is exceeded, the Client must notify Lavenci of this in writing. Lavenci must be offered a reasonable period to still execute the Agreement.

Article 5 Amendments to the Agreement

If during the execution of the Agreement it appears that it is necessary for a proper implementation to change or supplement it, Lavenci and the Client will adjust the Agreement in time and in mutual consultation.
If the Agreement is amended, including a supplement, this is an additional assignment. A separate agreement will be made about this additional assignment in advance. Without an additional offer, the original conditions apply, whereby the extra Services are paid at the agreed rate.
Not or not immediately executing the amended Agreement does not constitute a default of Lavenci and is no reason for the Customer to terminate or dissolve the Agreement.
Changes in the originally concluded Agreement between Lavenci and the Customer are only valid from the moment that these changes have been accepted by both parties through an additional or amended Agreement. This change is done in writing.

Article 6 Suspension, dissolution and early termination of the Agreement

Lavenci is entitled to suspend the fulfilment of the obligations or to dissolve the Agreement, if the Customer does not, not fully or timely fulfil the obligations under the Agreement, or if Lavenci has good reason to fear that the Customer in that obligations will fall short.
Furthermore, Lavenci is entitled to terminate the Agreement if circumstances arise which are of such a nature that fulfilment of the Agreement is impossible or unaltered maintenance of the Agreement cannot reasonably be required.
If the Client fails to fulfil his obligations under the Agreement and this non-compliance justifies termination, Lavenci is entitled to dissolve the Agreement immediately and with immediate effect without any obligation on his part to pay any compensation or compensation, while the Client, is obliged to pay compensation or compensation on account of default.

Article 7 Cancellation

Cancellation of the Agreement after signing the offer or placing the order is not possible, unless the order has not yet been shipped.
Cancellation must be in writing and explicitly confirmed by Lavenci.
Cancellation can no longer take place if an email has been sent, meaning that the Product has been sent, the time of receipt of this message by the Customer being leading.
In the event of full or partial cancellation, all costs incurred at that time arising from the Agreement will be charged.

Article 8 Costs, fees and payment

All amounts stated in the offer are in euros and include VAT, unless stated otherwise.
The amounts in the Webshop are inclusive of VAT and exclusive of shipping costs, unless stated otherwise.
Lavenci has the right to correct manifest errors in the quote.
Payment are made via iDeal, Paypal or Credit card. The payments are processed by Mollie Payments.
Lavenci charges for orders within the EU amounts from €2,- up to €10,- shipping costs. If the order is more than €70, Lavenci will not charge shipping costs.
The Customer has the obligation to immediately notify Lavenci of inaccuracies in the payment details stated or provided.
If the Client fails to pay an invoice on time, the Client will be in default by operation of law, without any further notice of default being required. The Client then owes the statutory interest. The interest on the claimable amount will be calculated from the moment that the Customer is in default the moment of payment of the full amount due.
If Lavenci decides to collect a claim for non-payment of one or more unpaid invoices by judicial means, the Customer is, in addition to the principal amount due and the interest referred to in Article 8.7, also obliged to reimburse all reasonably incurred judicial and extrajudicial costs. The reimbursement of judicial and extrajudicial costs incurred will be determined in accordance with the then-applicable Decree regarding reimbursement for extrajudicial collection costs.

Article 9 Shipping and delivery

Unless otherwise agreed in writing, shipping takes place from Breda.
If an order is lost or received damaged, the customer should contact Lavenci by phone or e-mail and an appropriate solution will be sought in joint consultation.
Lavenci itself determines the method of transport and packaging. Lavenci can choose to deliver the Products personally, but can also choose delivery via PostNL or another postal delivery company.
The delivery time of Lavenci depends on the order.
If the Products are available to the Customer after the expiry of the delivery time but are not purchased by him, the Services will be stored at his disposal at his risk and expense, regardless of the reason for the non-purchase.

Article 10 Return

If the Customer is a consumer, Products can be returned free of charge within thirty (30) days after receipt, without giving any reason. The amount paid by the Customer excluding shipping costs will be fully refunded within fourteen (14) days after receipt of the Product.
If there is damage to the order that has not been caused by the Customer, both the shipping costs and the return costs will be borne by Lavenci. If this is not the case, the shipping costs and return costs will be borne by the Customer.
During these thirty (30) days the customer is obliged to handle the received product with care. If Customer decides to return the Products, and it is not necessary to remove the packaging, Lavenci asks to refrain from doing so.
The Customer can return the Product via a self-selected postal company.
If the Customer wishes to return the order, the Customer must download and complete the return form from the Website. Customer must attach this form to the return shipment.

Article 11 Liability

The Client is responsible for providing correct and representative data and information that are necessary for the execution of the Agreement. Lavenci is not liable for damage, including on the basis of an incorrect order, if the Customer has provided incorrect, unrepresentative or irrelevant data.
The delivery term as referred to in Article 9 paragraph 4 can only be given approximately. Although efforts will always be made to meet the delivery term, Lavenci is never liable for the consequences of exceeding the term stated there. Exceeding the term does not entitle the Client to cancel the Products, or to refuse receipt or payment of the Products, nor does Lavenci owe any compensation to the Client.
Lavenci is not liable for errors or omissions of third parties engaged by it. By using the Services of Lavenci, the Customer grants the authority to Lavenci, if a third party engaged by Lavenci wants to limit his liability, to accept this limitation of liability also on behalf of the Customer.
Lavenci is not liable for damage to or loss of the products when the products are returned by the Customer. This damage is for the account of the Customer.
Lavenci is not liable for any errors on the Website.
Lavenci is not liable for non-fulfilment or late fulfilment of the obligations arising from the Agreement, if this is caused by force majeure as referred to in Article 12.
The Client indemnifies Lavenci against claims from third parties, of whatever nature, related to the Services.
If Lavenci is held liable, it will only be liable for direct damage that has actually been incurred, paid or suffered by the Customer due to a demonstrable breach of Lavenci's obligations with regard to its Services.
Lavenci's liability is limited to the amount covered and paid out by the insurer. If the insurer does not pay out, or if Lavenci is not insured, liability is limited to the amount paid by the Client.
The limitation of liability as described in this article does not apply if there is intent or deliberate recklessness on the part of Lavenci.
This provision does not exclude liability insofar as liability may not be limited or excluded by law.

Article 12 Force majeure

Force majeure is understood to mean all external causes, beyond the control or control of Lavenci, as a result of which timely, complete or correct fulfilment of the Agreement is no longer possible.
Force majeure as referred to in the previous paragraph also includes, but is not limited to: non-compliance with a third party, illness of Lavenci staff or a third party, abnormal weather conditions, failures in water and energy supplies, strikes, serious failures in Lavenci's systems, fire, floods, natural disasters, epidemics / pandemics, riots, war or other internal disturbances.
In case of force majeure, compliance with the Agreement will be suspended as long as the force majeure continues.
If the force majeure continues for more than one month, both parties are entitled to dissolve the Agreement without the intervention of a judge. In such case, Lavenci will repay any amounts paid, deducting all costs incurred by Lavenci in connection with the Agreement.

Article 13 Guarantee

Lavenci offers a warranty of 6 (six) months for the Products it supplies against material and manufacturing defects. The guarantee means that Lavenci will repair the errors to the best of its ability and replace them if necessary. Defects must be reported to Lavenci in writing.
The warranty does not apply if the errors are wholly or partly the result of incorrect, inexpert, careless use, use for other than normal purposes or external causes, including but not limited to fire or water damage.
The warranty also does not apply if the Products have been changed or maintained by third parties.
The warranty period starts from the time of delivery, unless otherwise agreed.
If Lavenci carries out repair work that falls outside the framework referred to in this article, these will be charged to the Customer.
The provisions in the terms and conditions with regard to the warranty do not affect the Client's warranty claims under the law.

Article 14 Advertising

The customer is obliged to inspect or have inspected the delivered Product at the time of delivery, at least within the shortest possible period. In doing so, the Customer should investigate whether the quality and quantity of the delivered goods correspond with what is stipulated in the Agreement.
Errors or inaccuracies that can be observed during an initial inspection, taking into account the requirements of reasonableness and fairness, must be reported in writing to Lavenci within fourteen (14) working days after receipt of the Services, with the proof of purchase being provided, unless this is impossible or unreasonably onerous.
Other complaints, including complaints that could not be detected during an initial inspection, must be reported in writing to Lavenci no later than 2 (two) months in accordance with the provisions of Paragraph 2.

Article 15 Confidentiality of data

Each party warrants that all information received from the other party that it knows or should know is of a confidential nature will be kept secret. The party receiving confidential information will only use it for the purpose for which it was provided. In any case, data is considered confidential if it is designated as such by one of the parties. Lavenci cannot be held to this if the provision of data to a third party is necessary due to a court decision, a statutory regulation or for the correct execution of the agreement.

Article 16 Intellectual property

Lavenci reserves the rights and powers vested in him under the Copyright Act.
The intellectual property of the designs of the products offered on the Website rests with Lavenci. It is not permitted to reproduce these without explicit permission from Lavenci.
The customer guarantees that no third-party rights oppose the provision of data to Lavenci. Customer will indemnify Lavenci against any action based on the claim that making available, use, edit, install or incorporate violates any third party right.

Article 17 Complaints procedure

If the Client has a complaint, the Client must send this in writing to info@lavenci.com or report via Whatsapp on +31 (06) 22769937.

Article 18 Lavenci identity

Lavenci is registered with the Chamber of Commerce under number 78099269 and carries VAT identification number NL003286422B97. Lavenci is located at Antwerpenstraat 37 (4826HA) in Breda.
Lavenci can be reached by e-mail via info@lavenci.com or via the Website www.lavenci.com and via Whatsapp on +31 (06) 22769937.

Article 19 Applicable law and competent court

The legal relationship between Lavenci and its Client is governed by Dutch law.
All disputes that may arise between Lavenci and the Client will be settled by the competent court of the Zeeland-West Brabant District.