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Usage Terms and
Conditions
Welcome to theTema Retail BA d.o.o.društvo
sa ograničenom odgovornošću (“LC WAIKIKI”, “We” “Tema Retail BA”) web
page https://www.lcwaikiki.ba. Please read the
following items containing general website use terms and conditions.
Use of the Website constitutes your acceptance of the following
terms and conditions. Tema Retail BA reserves the right to change
and update the following items at any time without prior notice.
Processing of Transactions and Orders on the Website and
Possible Changes To the Site
Tema Retail BA is entitled to cancel and limit the quantities of
orders placed via the site without stating any reason. This limitation can be
applied to the orders placed by wholesalers, and dealers, or purchased for the
purpose of resale from the same customer account by using the same credit card
and indicating the same invoice or delivery address.
Tema Retail BA., in its sole discretion, has the right to make
changes to the Website, to suspend the broadcasting via the Website, or to
modify its features at any time without prior notice.
Website Content
Any and all materials, such as pictures, prints, visual objects,
videos, etc., placed on the Website are the sole property of Tema Retail BA .
Website Content is provided exclusively for your personal and
non-commercial use. Use or downloading of Content by the users to their
computer for personal purposes may not result in transfer of re-distribution,
re-use, and publication rights to the User.
Personal Information Given In The Website
The personal information given on the Website is subject to the
rules stipulated in Section “Confidentiality Disclaimer”.
Product Information
Tema Retail BA assumes no responsibility for the price
differences likely to occur between the Website and stores. The prices given on
the “Order Summary Page” while making orders are valid for all orders placed
through the Website.
There may be some printing errors or missing data in the product
information provided on the Website. Tema Retail BA reserves the
right to correct these errors and eventually, to cancel or make changes in
specific orders to the extent of compliance with the relevant laws.
Colors
Tema Retail BA aims to reflect, as applicable, the exact color
of products in the pictures displayed on the Website. However, Tema Retail BA assumes no responsibility for the color
differences that may arise due to screen adjustments and the use of different
types of screens.
Links to Other Websites
The Website allows linking to other sites which are not under
the control of Tema Retail BA Neither does Tema Retail BA
undertake any responsibility with regard
to these sites nor grant of linking option could mean Tema Retail BA
has approved or interpreted these sites. The links are provided only for user
convenience or information-sharing purposes.
Intellectual Property Rights
The information, visual images, and contents available on the
Website may not be partially or wholly copied, re-distributed, reproduced,
re-used, modified, or stored for future use, without the prior written consent
of Tema Retail BA . All Website Content (text,
data, graphics images, logos, button symbols, database, design, software, and
other elements related to Website Content) fall within the scope of
intellectual and industrial property rights of Tema Retail BA.
All rights pertaining to printings/writings, graphics, visual images, and
pictures are reserved.
The unauthorized use of all financial rights related to Website
Content, design, and software (processing, reproduction, re-publication,
representation, and making available to the public) including but not limited
to unauthorized disclosure and use of any material shall cause an infringement
of intellectual and industrial property rights.
Discharge From Membership
If Tema Retail BA reaches the conclusion that there
is a violation of Usage Terms and Conditions announced through this page
or receives complaints alleging a violation, then it may prevent the Users from
accessing/using the Website or cancel his/her membership without the need to
serve any notice. Within the scope of liabilities arising thereof Tema Retail
BA. reserves the right to have recourse to the Users for all allegations,
claims, and/or payments, including all accessory obligations, likely to be
incurred by the 3rd parties and/or
competent authorities against Tema Retail BA .
Tema Retail BA is free to delete or not to delete
any and all information regarding terminated User Account. User may not claim
any right and/or indemnity in connection with the deleted or stored records.
User agrees and declares that it shall not raise any claim of indemnity, and/or
loss/damages whatsoever, under any name, as a consequence of termination and
hereby in advance waives any right it may have in this respect.
ONLINE LC WAIKIKI STORE
GENERAL TERMS AND CONDITIONS
ABOUT THESE GENERAL TERMS AND CONDITIONS
("Terms and Conditions")
The following pages provide detailed information about LC WAIKIKI ,
and the legal terms and conditions governing your use of the https://www.lcwaikiki.ba
website (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 website, 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 the 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 on the Site at the time of placing your order unless changes
to these Terms and Conditions need to be made by law or government authority
and you may be required to apply such changes to orders previously placed by
you.
By accessing and using the Site and placing orders on the Site, you confirm
that you have read and understood the Terms and Conditions and that you agree
to be fully bound by their provisions.
DEFINITIONS
|
Products |
Clothing,
shoes, accessories, and all other fashion items described on our website |
|
User |
Anyone
who accesses our website. |
|
Registered
user |
Any
individual aged 18 years or over who registers an Account on the Site to
place orders in the future. |
|
Invited |
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 an Order by LC WAIKIKI, becomes part of the
distance sales contract whose object is the sale and purchase of LC WAIKIKI
products. |
|
Command |
Material
exposure of the will to purchase LC WAIKIKI products under the terms of these
Terms and Conditions, using the electronic means available on the Site. |
|
Account |
The
Private section of the Site has an e-mail address and password and is used by
the Registered User to place an order. It contains various information about
the Registered User and his activity on the Site, either sent by the
Registered User himself (personal data) or automatically registered by the
Site (Order history, invoices, etc.) |
|
Newsletter |
Commercial
and advertising communication shared exclusively electronically and on
regular basis to the Registered User, subject to the Consent of the
Registered User in this regard, without representing an offer from LC
WAIKIKI. |
|
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. |
In the Terms and Conditions below we will use certain
recurring terms that will carry the meaning indicated in the table below:[
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 Tema Retail BA a company registered and
operating under Bosnianlaw, based in Bosnia and Herzegovina, Sarajevo, Fra Anđela Zvizdovića br. 1,, duly registered with
the Trade Register Office to the Municipal Court in
Sarajevo under no. MBS 65-01-0348-10, with
fiscal registration number 4201580690009 and VAT
no. 201580690009, 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: Fra Anđela
Zvizdovića br.1, Sarajevo
Phone number:
E-mail: bosnia@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 Site Terms 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 to
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 Tema
Retail BA, 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, republish, download, print, post, broadcast, record,
communicate to the public, not to profit or not to distribute the pages or web
materials on the Site or the codes or computer elements that make up the Site
in any way, other than for personal use, without our prior written consent
- not to modify or distribute changes to the content of the Site in any way,
including, but not limited to, the removal of LC WAIKIKI logos and trademarks,
- not to damage, disrupt or compromise the security of any part of this Site, its content,
or any related network or software,
- do not make any fraudulent orders on the Site.
We reserve the right to immediately prohibit access to this Site for any user
and to close the account of any registered user who violates these provisions.
B.4. Content Accuracy
We will make and use all reasonable efforts to present content that is
accurate, complete and up-to-date. The inclusion of any products on
the Site at any particular time does not imply or warrant that these products
will be available at any time. We reserve the right to discontinue the
availability of any product at any time.
To the extent permitted by applicable laws, LC WAIKIKI disclaims all
representations and warranties, expressed or implied, as to the accuracy of the
Content.
In the event that errors occur in connection with the Product description
and/or prices, or if relevant data is missing from the Product information
presented on the Website, LC WAIKIKI reserves the right to correct these errors
and possibly cancel or change specific orders to the extent that this
is in accordance with applicable laws.
LC WAIKIKI aims to reflect the exact color of the products in the images
displayed on the site. However, the Company assumes no responsibility for the
color differences that may occur due to the adjustments of the screen and the
use of different types of screens.
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. Unless otherwise required by applicable law, 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.4. Links to Other
Sites
The Website may include links to other websites that are not under the control
of LC WAIKIKI. Such links are provided solely for the convenience of users
or for 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 websites linked to our Site.
We will not be liable for any loss or damage that may arise due to your use of
them
B.5. Linking to
our Site
You may log in exclusively to our home page without our prior approval,
provided that:
- do this fairly and lawfully, on a website owned by you,
- do not destroy the reputation of LC WAIKIKI or take advantage of it,
- do not suggest any form of association, approval, or confirmation on our part
if there is no such thing,
- check the compliance of the site to which you are linking with the standards
set out in these Site Terms.
We reserve the right to withdraw permission to connect without notice.
B.6. Social
Networking Sites
These Site Terms also govern any transmissions you make on any third-party
website 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 website
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 of sale ("Terms and Conditions of Sale")
apply to any Order you place on the Site, regardless of how you access the
site.
Before placing an Order, you should carefully read these Terms and Conditions
of Sale. 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 of Sale.
If you do not agree to these Terms and Conditions of Sale in their entirety,
you should not order any Product through the Site.
C.1. Parties to the
Distance Selling Contract
These Terms and Conditions of Sale govern the distance sale agreement between
the company Tema Retail BA (the "Seller") and the customer
("Customer") formalized through the website for the purchase of LC
WAIKIKI products through the Site.
Orders through the Website may be placed only by individuals
with full legal capacity meaning 18 years or older. Orders on behalf of minors
or persons lacking full legal capacity may be placed solely by their legal
representatives, acting in their name and for their account. Persons with
limited legal capacity may place an order only with the prior consent of their
legal representative, unless otherwise required by applicable law.
C.2. Registering an
Account / Guest
To place an Order, you can open an Account, 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 need to provide more personal details about yourself.
Make sure that all personal data provided is true, accurate, current, and
complete in all aspects. You may at any time update or correct your details by
accessing your Account. Please see our Privacy and Data Protection Policy for
more information about how your personal information is stored. Your personal
data will be used and stored.
When you order through
the Site as a Guest, you will still need to provide us with certain mandatory
personal data that we collect for the processing and billing of Orders. We will
not store the details you provide through a Guest Order (except for the processing
of your order or if you have signed up to receive our newsletter). For detailed
information about how your personal information will be used and stored, please
see our Privacy and Data Protection Policy.
C.3. Account Security
When you register an Account, you will be asked to provide a password to keep
your Account secure. The password of the account you provide must be unique and
kept secure. You are also responsible for maintaining the confidentiality of
your password and any activities that occur in your account. LC WAIKIKI shall
not be liable to any person for any loss or damage that may arise as a result
of failing to protect your password or Account.
We may transfer the data contained in your personal account at servers located
outside the country where you live, so you can use your account in all LC
WAIKIKI sites.
If you notice or suspect any security breach or unauthorized use of your
password or account, please inform LC WAIKIKI immediately.
C.4. Ordering and Placing an Order
According to the current COD payment limit rule, if the customer has more
than 20 orders, which are in status as 'Not Delivered','Return Request created,
or' Full Returned', for the last 6 months the COD payment will be blocked to
the relevant user.
All Orders are subject to acceptance and availability, and items in
your virtual shopping cart are not reserved and may be purchased by other
customers.
The display of our Products on the Site is 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 to the virtual shopping cart. However, the distance sales
contract will not be concluded until we accept your offer (see subsection
C.5 below).
Placing the order through the Site requires the following steps to be
fulfilled:
Choosing the Products you like, selecting the color and size, and adding them
to your virtual shopping cart.
Adding the products to the shopping cart does not equate to booking them.
Check the virtual shopping cart and proceed to complete the order,
Enter your delivery and billing information and choose your payment method,
Review all submitted information and confirm your order. By confirming your
order, fully and without reservation, you accept the version of the Available
Terms and Conditions of the Site, which will apply to the future distance
selling contract.
If you have chosen payment by card, you will be asked to make the payment. If
payment is authorized, you will receive an automatic confirmation email of the
Order to the email address you provided. This confirmation does not
mean that LC WAIKIKI confirms or accepts the Order.
If you have chosen the payment by any other method, you will receive an
automatic confirmation email for receiving the Order to the e-mail address you
have submitted. This confirmation does not mean that LC WAIKIKI confirms or
accepts the Order.
Products can be purchased subject to availability. If we are unable to supply
the products, we will notify you as soon as possible and your order will not be
accepted. If you have already paid for the Products, the refund will be processed
in line with the refund method described in Section C9. When your process is
completed, you will be notified by email.
All orders you place on this website 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 that
you have canceled the order, the acceptance of the Order and the conclusion of
the Distance Sales Agreement between you and LC WAIKIKI will take place the
moment you receive a confirmation of your order by email.
Before the shipment of the Products, LC WAIKIKI has the right to refuse any Order for
any reason, including legal and regulatory reasons.
The e-mail confirming that LC WAIKIKI has accepted your Order when your Order
has been processed and is ready for shipment will contain a reiteration of the
Products ordered, the Contract Price, the payment method, and the chosen
delivery method.
The Distance Selling
Agreement applies only for the specific order that is
placed. Such a contract will be deemed fulfilledwhen
both LC WAIKIKI and you have performed your mutual obligations under the terms
and conditions entered into in accordance with these Terms and
Conditions of Sale. However, this does not affect your legal
right to terminate the distance contract in accordance with the provisions
governing consumer rights, which are further elaborated in Section C9.
C.6. Payment methods and Billing
LC WAIKIKI accepts the following payment methods:
- Credit card or debit card
By filling in your card details when placing your order, you confirm that the
credit or debit card you use is yours. All fields marked as required must be
completed
The applicable amount will be charged immediately to the card. LC WAIKIKI
reserves the right to verify the validity of the credit or debit card, its
credit status in relation to the value of the Order, and whether the
Customer's address data is correct. We may refuse Orders depending on
the result of these checks.
In all cases where payment is made online, where bank charges of any type
(transfer, exchange) apply, they will be borne by you. For information about
bank fees and charges, please refer to the bank that issued your payment
instrument in advance.
- Payment on Delivery
Payment is made in cash to the courier who delivers the package containing the
Ordered Products.
For orders with payment on delivery, you can opt for payment by debit/credit
card, on the day of delivery.
C.7. Delivery, Reception, and Transfer of
Risks and Ownership
Delivery is made by courier.
Please note that delivery fees and delivery times vary depending on the type of
Products ordered and the delivery address. In the table below you will find
full details about the delivery costs and the estimated time, with the note
that you can receive the delivery for free as a promotional offer, given that
certain requirements are met:
Orders are generally delivered within 2 (two) to 15 (fifteen) 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 15 (fifteen) 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 do not 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 not pass to you until we receive full payment.
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
You have the right to return products
delivered by LC WAIKIKI that are defective or non compliant. If a defect is
discovered, you must notify LC WAIKIKI in writing within sixty (60) days from
the date of discovery of the defect, and in any event no later than two (2)
years from the date on which the risk passed to the buyer.
For products with an average service life of less than 2 (two)
years, the period of 2 (two) years is reduced to the average duration. For
further information, please comply with the warranty certificate you received
with the Products.
If your claims are
justified, LC WAIKIKI will refund the value of the Product and the direct costs
involved in the return within 7 (seven) calendar days from the date you
informed us about the non-compliance or the date on which you delivered the
Product to us or to a delegate, based on a transfer report.
In case of non-conforming product the refunds will be made using
the same payment method that the customer has used for the purchase.
Exceptionally, in case of returns in store or returns via courier, of the
product purchased via Cash on Delivery, refunds will be processed via bank
transfer and for this purpose the customer will be required to provide its bank
account details.
C.9. Right of Withdrawal
You have the right to cancel your order in whole or in part within 30 (thirty)
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.
You must pack the items securely, in their original packaging if possible, and
include the return form located on the back of the invoice.
In Bosnia, starting with
the date of 01.04.2026, a return fee of 7.95 KM will be applied for orders
whose method is Home Delivery. If you opt for the return in the store, this
return fee will not apply.
COD fee will not be refunded when you will make a return request.
Your right of withdrawal applies exclusively to products
returned in the same condition as received. A refund will not be issued if the
product has been used after opening, is not in the condition in which it was
delivered, or is damaged. Products must be returned in their original
packaging, together with any manuals, documents, and the receipt provided at
the time of delivery. Products may be returned to any Tema Retail BA store in
Bosnia and Herzegovina or via a carrier arranged by Tema Retail BA (please
insert the contact details) to schedule collection), or via a prepaid
postage label through the local postal service following the instructions on
our website. You are responsible for the costs and risks of returning the
products, which may be deducted from your refund. Refunds, including standard
delivery costs, will be processed within 14 (fourteen) calendar days from
the date we are notified of your withdrawal. Refunds will be made using the
same payment method that the customer has used for the purchase. Exceptionally,
in case of returns in store or returns via courier, of the products purchased
via Cash on Delivery, refunds will be processed via bank transfer and for this
purpose the customer will be required to provide its bank account details.
Please note that if you arrange returns independently, we cannot
assume any risk for lost or damaged packages, and you are responsible for the
contents of the returned package. For any questions, please contact our
Customer Service at (please insert the contact details)
In order to comply with the return deadline, it is sufficient for you to
send the communication on the exercise of the right of return before the expiry
of the return period.
Withdrawal effects
If you choose to make a refund, we will refund all payments received from you,
including delivery costs (excluding additional costs resulting from the choice
of a particular type of delivery other than the least expensive type of
delivery provided by us), 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 in accordance with procedure described
in Section C9. We may withhold a refund
until we receive the goods back, or if you have provided proof that you have
returned the goods, whichever occurs first.
The following Products are exempt from withdrawal: orders made to match or
Personalized products, linen products, and underwear and swimwear that are
sealed for hygiene reasons.
Your obligations in case of return:
- 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 15
(fifteen) days from the date on which you communicated to us your decision to
return the products.
- to return the products in good condition and the original packaging, and with
the related labels.
- where appropriate, you shall be solely liable for any reduction in the value
of the goods resulting from the handling of the goods, other than those
necessary to establish the nature, characteristics, and functioning of the
goods.
Obligations of LC WAIKIKI in case of return:
- 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 goods 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 goods,
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 correctly 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 are
expressed in BAM 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 at
fair prices. 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 LC WAIKIKI.
In the event that LC WAIKIKI discovers an error in the price of the
Products you have ordered, we will inform you as soon as possible. LC WAIKIKI
will give you the option to reconfirm your Order at the correct price or to
cancel it.
C.11. Product
Warranties
For products sold on our website, we guarantee conformity and quality,
according to the related description on our website and according to the
Warranty Certificate provided.
All our products bear:
- a commercial guarantee of 14 (fourteen) - to 30 (thirty) days, which
represents a commitment made by LC WAIKIKI for you, to refund the price,
repair, or replace the Product, without any additional charges on your part, if
the Product does not meet the conditions indicated in the Warranty Certificate
or the related advertising,
- a guarantee of legal conformity of a maximum of 2 (two) years as protection
of the customer for non-compliance granted by law, representing the legal
obligation of LC WAIKIKI to bring the product to compliance by repair or
replacement or to reimburse the price, without any additional fees incurred by
the customer. For products with an average service life of less than 2 (two)
years, the period of 2 (two) years is reduced to the average duration.
C.12. Liability
LC WAIKIKI is solely responsible for losses that are the foreseeable
consequence of our breach of these Terms and Conditions. We will not be liable
if we have been prevented or delayed in complying with our obligations under
these Terms and Conditions of Sale due to what you or anyone acting on your
behalf does or fail 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 caused by 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 website. By accessing the website 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 bosnia@lcwaikiki.info
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.
We will send you the official response/solution, by email, within 30
(business) days of receiving your complaint.
If you are not satisfied with our proposal, you can still make your complaints
to Ombudsman for Consumer Protection of Bosnia and Herzegovina or other
competent authority.
SECTION F. GOVERNING
LAW AND JURISDICTION
These Terms and Conditions are governed by and construed by laws of
Bosnia and Herzegovina and Republic of Srpska.
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 Bosnian courts, in Sarajevo.
However, if this choice of jurisdiction is not to your liking due to the
considerable distance from your location, this clause can be renegotiated.
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 OPINIONS
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.