Terms & Conditions Leyna Dresses

Definitions

  1. Leyna Dresses: Leyna Dresses, located in Eindhoven, registered under Chamber of Commerce number 83821627.
  2. Customer: the party with whom Leyna Dresses has entered into an agreement.
  3. Parties: Leyna Dresses and the customer collectively.
  4. Consumer: a customer who is also an individual and acts as a private person.

Article 1 - Applicability of General Terms and Conditions

  1. These terms and conditions apply to all quotations, offers, services, orders, agreements, and deliveries of services or products by or on behalf of Leyna Dresses.
  2. Parties can only deviate from these terms and conditions if expressly and in writing agreed upon.
  3. Parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Article 2 - Prices

  1. All prices set by Leyna Dresses are in euros, include VAT, and exclude any additional costs such as administrative fees, levies, travel, shipping, or transport costs,unless expressly stated otherwise or agreed upon otherwise.
  2. All prices set by Leyna Dresses for its products, on its website, or otherwise disclosed, may be changed at any time.

Article 3 - Payments

  1. The customer must have made payments prior to delivery.

Article 4 - Right of Withdrawal

  1. A consumer can exchange an online purchase within a cooling-off period of 14 days without giving a reason or request a voucher equal to the purchase amount,provided that:
  2. The product has not been used
  3. The product has not been washed
  4. The product shows no signs of use or damage and is in its original condition.
  5. The cooling-off period of 14 days as mentioned in section 1 starts:  a. on the day after the consumer has received the product.
  6. In the case of a pre-order, a consumer cannot cancel prior to delivery.
  7. The consumer can communicate their use of the right of withdrawal viainfo@leynadresses.com.
  8. The consumer is obliged to return the product to Leyna Dresses within 14 days after notifying their right of withdrawal, failing which their right of withdrawal lapses.
  9. Leyna Dresses reserves the right to reject the returned order if they believe the return does not meet the conditions specified in Article 1 of this section.

Article 5 - Return Costs

  1. If the consumer exercises their right of withdrawal and returns the entire order in a timely manner, the costs of returning the entire order will always be borne by the customer.

Article 6 - Delivery

  1. Delivery takes place while stocks last.
  2. Delivery of online orders takes place at the address indicated by the customer.

Article 7 - Delivery Time

  1. The delivery times provided by Leyna Dresses are indicative and do not give the customer the right to dissolve the agreement or claim compensation for exceedingthem,unless expressly agreed upon otherwise in writing.
  2. The delivery time starts when the customer has completed the (electronic) ordering process and received an (electronic) confirmation from Leyna Dresses.
  3. Exceeding the indicated delivery time does not entitle the customer to compensation, nor the right to terminate the agreement, unless Leyna Dresses cannot deliverwithin 14 days after a written request or the parties have agreed otherwise.

Article 8 - Actual Delivery

  1. The customer must ensure that the actual delivery of the ordered products can take place in a timely manner.

Article 9 - Transport Costs

  1. Transport costs are borne by the customer, unless otherwise agreed upon.

Article 10 - Packaging and Shipment

  1. If the packaging of a delivered product is opened or damaged, the customer must have the carrier or deliverer make a note of this before accepting the product,failing which Leyna Dresses cannot be held liable for any damage.
  2. If the customer arranges transport of a product themselves, they must report any visible damages to products or packaging to Leyna Dresses before transportation, failing which Leyna Dresses cannot be held liable for any damage.

Article 11 - Exchanges

  1. The exchange of purchased items is only possible if the following conditions are met: 
    • the exchange takes place within 14 days of purchase. 
    • The return must meet the conditions set in Article 7 section 1.2. Specially customized items for the customer, Exclusive dresses, and sale items cannot be exchanged.

Article 12 - Indemnification

  1. The customer indemnifies Leyna Dresses against all claims from third parties related to the products and/or services provided by Leyna Dresses.

Article 13 - Liability of Leyna Dresses

  1. Leyna Dresses is never liable for indirect and direct damages, such as consequential damages, loss of profit, missed savings, or damages to third parties.
  2. All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative and approximate and cannot lead to compensation and/or (partial)dissolution of the agreement and/or suspension of any obligation.

Article 14 - Force Majeure

  1. In addition to what is stipulated in Article 6:75 of the Civil Code, a failure by Leyna Dresses in the performance of any obligation towards the customer cannot beattributed to Leyna Dresses in a situation beyond Leyna Dresses' control, making the fulfillment of its obligations towards the customer entirely or partially hindered ormaking the fulfillment of its obligations towards the customer unreasonable.
  2. The force majeure situation as referred to in section 1 also includes, but is not limited to: a state of emergency (such as a civil war, uprising, riots, natural disasters,etc.); default or force majeure of suppliers, deliverers, or other third parties; unexpected power, electricity, internet, computer, and telecom failures; computer viruses,strikes, government measures, unforeseen transportation problems, adverse weather conditions, and work interruptions.
  3. If a force majeure situation arises that prevents Leyna Dresses from fulfilling one or more obligations towards the customer, those obligations will be suspended until Leyna Dresses can fulfill them again.
  4. After a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in writing, either in whole or in part.
  5. In a force majeure situation, Leyna Dresses is not obliged to pay any compensation (damages), even if it has benefited from the force majeure situation.

Article 15 - Amendment of General Terms and Conditions

  1. Leyna Dresses is entitled to amend or supplement these general terms and conditions.
  2. Minor changes can be made at any time.

Article 16 - Transfer of Rights

  1. Customer rights arising from an agreement between the parties cannot be transferred to third parties without the prior written consent of Leyna Dresses.
  2. This provision functions as a stipulation with property law effect as referred to in Article 3:83(2) of the Civil Code.

Article 17 - Consequences of Invalidity or Voidability

  1. If one or more provisions of these general terms and conditions are declared void or voidable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is void or voidable will be replaced by a provision that comes as close as possible to what Leyna Dresses had in mind when drafting the terms andconditions.

Article 18 - Applicable Law and Competent Court

  1. The exclusive law applicable to any agreement between the parties is Dutch law.
  2. The Dutch court in the district of the Oost-Brabant District Court has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Dutch

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