Legal

Terms & Conditions,  Website Disclaimer, Privacy & Cookie Policy. Last Updated – April 6 2017.

 

Terms & Conditions

 

Clause 1 -  DEFINITIONS

Unless defined elsewhere in these Terms of Delivery, each of the following terms has the meaning set forth below, such meaning to be equally applicable both to the singular and plural forms of the terms defined herein:’

 

‘Terms’: These General Terms and Conditions

‘LT’: Lulu Tsintsadze B.V., with a registered office at Biltstraat 140 in (3572 BL) Utrecht and registered in the Trade Register of the Chamber of Commerce under number:  63904470.

‘Customer’: means the person who is of legal age with whom LT concludes an Agreement.

‘Agreement’: means any agreement entered into between LT and a Customer including, but not limited to, agreements regarding a product.

‘Product(s)’: means a Lulu Tsintsadze product that LT offers for sale on the Website.

‘Purchase price’: the price indicated on the website for a product, including VAT and the shipping costs.

‘Website’: means the website https://lt-athleisure.com/ and any subdomains of this site unless expressly excluded by their own terms and conditions.

 

Clause 2 - APPLICABILITY

2.1          These Terms apply to all offers, orders and agreements relating to the sale and supply of Products via the Website.

2.2          Deviations from and additions to these Generals Terms and Conditions of Delivery are only valid if agreed in writing between LT and the Customer.

2.3          The applicability of any Terms of Customer is specifically excluded.

2.4          If any provision of these Terms of Delivery is null and void, is voided or otherwise proves to be invalid for any reason, the other provisions of these Terms of Delivery shall remain in full force and effect. LT and the Customer shall consult with each other to agree on substitute provisions which most closely reflect the content and purpose of the void, voided or invalid provision.

2.5          In case of a conflict between the provisions of these Terms of Delivery and the provisions of an Agreement, the provisions of the Agreement shall prevail.

 

Clause 3. CONCLUSION AND CONTENT OF THE AGREEMENT

3.1           All offers are subject to contract, unless otherwise stated in the offer itself.

3.2          When you purchase a Product via the Website, the Customer enter into an agreement with LT.

3.3          Agreements between LT and the Customer come into effect at the moment of acceptance of an order by LT that has been placed on or via the website in the following manner. The Customer has selected the product and has added the product to the shopping chart. The Customer has filled in his/her address details. The Customer has selected the payment method desired and had made a full payment. The order has been placed and the Customer will receive a confirmation by email of the order that has been placed.

 

Clause 4 - PRICE AND PAYMENT

4.1          All of the prices listed on the Website include the currently applicable statutory value-added tax and, if applicable, the delivery charges.

4.2          The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.

4.3          Payment may be done via the following payment options: Ideal, Paypal, Visa, Mastercard, American Express and Apple Pay .

4.4          In the event that the Customer exceeds the term of payment he/she will be in default by operation of law, and LT will be entitled to charge statutory interest on the outstanding amount as from the due date. LT can also proceed to undertake judicial collection measures. The extra-judicial costs will be charged to the Customer.

 

Clause 5 - DELIVERY AND SHIPMENT

5.1          Products will be delivered within Europe. Delivery outside Europe can be requested in writing to LT.

5.2          The prices on the website do not include levies such as import tax. If the delivery address is located outside the European Union, it is possible that the country of the Customer’s delivery address charges additional levies, such as import tax. LT has no influence or control over such levies and can therefore not provide the Customer with further information. The Customer must check their self if the ordered articles can be exported and imported to the country in question and what the costs are.

5.3          The Shipment will be made using a carrier designated by LT. LT is not responsible for delays caused by the designated carrier. LT is also not liable for damage that occur as consequence to not delivering in time.   

5.4          After the Agreement has been concluded LT will send the Products as quickly as possible, and in any event within fourteen (14) days, to the address indicated by the Customer, provided that LT has received the full Purchase Price.

5.5          The delivery times are merely indicative. Exceeding the delivery times does nog give the Customer any right to compensation.

5.6          The risk with respect to any damage to or loss of the Products will be transferred to the Customer as from the time at which the Products are delivered

 

Clause 6 - RIGHT TO RETURN

6.1          The Customer has the right to return the product delivered, free of charge without explanation within a period of fourteen (14)  days, in the manner indicated by LT, provided that the Product has not been worn/used, is undamaged and is in the original and undamaged packaging. Any Products ordered and returned must be returned together, otherwise the costs involved will be for the account of Customer.

6.2          In the case referred to in the preceding subsection, LT will refund the Purchase Price as quickly as possible, but in any event within fourteen (14) days after LT received the returned product.

6.3          LT reserves the right to refuse Products or only to credit a portion of the Purchase Price if the products have already been used of have been damaged through the fault of the Customer.

 

Clause 7 - COMPLAINTS

7.1          The Customer will be obliged to inspect the Product when it has been delivered and to notify LT within reasonable term in the event that there are any visible defects or other complaints regarding the performance of the Agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.

7.2          If proof has been given that the Products do not meet the terms of the Agreement. LT can choose to either replace the Products by new products or refund the Purchase Price.

7.3          The Customer acknowledges that minor and/or trade deemed permissible or technically difficult or unavoidable deviations in quality, size, colour, finish regarding the products are difficult to avoid and this is not a reasonable cause for complaint. Such complaints as well as complaints about the fact that certain items are removed from the range, are unfounded. LT is not liable for the cost to the Customer suffered because of such complaints.

 

Clause 8 - INTELLECTUEL PROPERTY RIGHTS

8.1          All the Products shown or indicated or otherwise connected brands with the Products, product names, logos, models and designs (the “IPR”) are owned by LT or any of its group companies. The buyer acknowledges the ownership of LT on the IP rights and will refrain from any use of the IP rights and the buyer shall refrain from any conduct that may harm or otherwise adversely affect the IPR.

 

Clause 9 - GUARANTEE AND LIABILITY

9.1          LT is required by law to provide a product that meets the contract with the Customer.

9.2          LT is not liable for any indirect, additional or consequential damage, of any kind whatsoever, that the Customer sustains in connection with the Agreement. Under no circumstances will any direct damage, for which LT is legally liable towards the Customer exceed the Purchase Price. This provision is not intended to exclude LT’s liability in the event of bodily injury or death.

9.3          No claim can be made under the guarantee as a consequence of normal wear and tear, or damage caused intentionally or through negligence.

 

Clause 10 - FORCE MAJEURE

10.1       In the event LT cannot fulfil any of its obligations under the Agreement because of a non-attributable shortcoming (hereinafter: force majeure), LT cannot be held liable for non-compliance.

10.2       A situation of force majeure exists if a shortcoming is not the fault of LT or Customer, nor if it is accountable by law, legal act or according to generally accepted standards.

10.3       Obligations of the parties will be suspended while the force majeure situation continues. If a situation of force majeure lasts longer than thirty (30) days, both LT and Customer may terminate the agreement immediately, without compensation, after written notice of such decision. 

 

Clause 11 - PRIVACY

11.1       Personal information of Customer which is processed by LT during the conclusion of and performance under the Agreement is confidential. Personal data will not be processed in a way incompatible with the purpose for which they were collected.

11.2       Personal data of Customer will not be handed over to third parties without the express consent of the Customerr unless LT is obliged to hand it over by law or by a court order.

11.3       Use of the website is governed by the Lulu Tsintsadze’s Privacy and Cookies Policy [#link]. 

 

 Clause 12 - SUSTAINABILITY

12.1       LT gives her Customers the opportunity to return the clothes of their own brand when her Customers no longer use these items. The purpose of this idea is to recycle, reuse or resell the clothes. By donating the clothes Customers receive a 10% discount on their next purchase.

12.2       LT will become owner of the donated clothes as from the time at which the items are delivered by Lulu Tsintsadze B.V.

12.3       LT has the right to inspect the donated items. LT will not accept clothes which are in such poor condition (not a consequence of normal wear and tear, but damage caused intentionally or through negligence by the user) that recycling, reusing or reselling is not possible

12.4       After inspection by LT, the items which cannot be used for recycling, reusing or reselling will be returned to dispatcher/sender.

 

Clause 13 – APPLICABLE LAW

13.1       These Terms will be governed by and construed exclusively in accordance with the laws of the Netherlands.

13.2       Any dispute arising out of or in connection with these Terms or any agreement resulting there from shall be submitted to the exclusive jurisdiction of the competent court in Utrecht, the Netherlands.

 

Clause 14 – AMENDMENT TO THE TERMS

14.1       These Terms and conditions may be amended by LT from time to time. The latest Terms and conditions are posted on the website. The Customer must always consult these Terms before using the Website. If the Customer is unable to consult the Terms via the Internet LT will send the Customer a copy of the most recent version of the Terms by e-mail.

 

Website Disclaimer

 

1.                 The content of this Website (www.lt-athleisure.com) and the content of all other publications of Lulu Tsintsadze, on the internet, have been compiled with the greatest care. However, Lulu Tsintsadze cannot give guarantees with regard to the character, the incorrectness or the contents of this information.

 

2.                 This Website and all associated parts thereof are property of Lulu Tsintsadze. It is not allowed to disclose, to copy or to save the website or parts of the website without explicit (written) permission from Lulu Tsintsadze. However, it is allowed to use the information above for personal, not commercial, purposes. The information on www.lt-athleisure.com is compiled and displayed by the team with care. It is possible that incorrect or incomplete information is sometimes published on the website. Lulu Tsintsadze strives to adjust/update the information it has as often as possible. All things will be put into motion as soon as possible to avoid possible misuse. The right is reserved by Lulu Tsintsadze to implement possible alterations with immediate effect and without notification.

 

3.                 Use of the Website and the Information is at your own risk. Lulu Tsintsadze does not warrant the operability, accuracy, reliability, completeness, timeliness of the Website nor the uninterrupted, timely, secure or error-free operation of the Website. Use of the Website (including downloading thereof) is at your own risk. Lulu Tsintsadze does not guarantee that the Website, the servers or electronic communication is free of viruses or other harmful material.

 

4.                 Lulu Tsintsadze is not liable for any costs incurred or damage sustained directly or indirectly in connection with the Website, the Information or electronic communication, including if the Website, the Information or electronic communication (I) is unusable or can only be used in part or with limitations, (II) lacks accuracy, relevance or currency or contains typing errors, (II) is intercepted, manipulated, infected, does not arrive at its destination (IV) is delayed, (V) causes loss of data or (VI) harms computer systems. All exclusions of liability shall apply regardless of the legal ground on which liability is based.

 

5.                 The provisions in these terms are made for the benefit of Lulu Tsintsadze and its past, present and future group companies, shareholders in Lulu Tsintsadze and their respective holding companies, persons having worked for, working for and going to work for Lulu Tsintsadze or any of its group companies (such as partners, advisors, employees, trainees, temps and free-lancers and including third party suppliers and subcontractors).

 

6.                 The legal relationships to which these general conditions apply shall be governed by and construed in accordance with the laws of the Netherlands. Disputes shall be submitted to the competent court in Utrecht. Notwithstanding the above, Lulu Tsintsadze shall have the right to institute proceedings in any competent court in your jurisdiction.

 

Privacy & Cookie Policy

 

General

Your privacy is important to us. We value the trust you have placed in us, and are committed to protecting and safeguarding any personal data you give to us. This document describes how we use and process your personal data and how we use cookies. It also tells you how you can contact us if you have questions about your personal data or about cookies.

Lulu Tsintsadze may change this policy from time to time by updating this page. This privacy- and cookiestatement will always be available at our website www.lt-athleisure.com orhttps://lt-athleisure.com/         

 

Personal data

When you visit this website, place an order, subscribe for the newsletter or ask us a question, we ask you to submit, among other things, your name, address, bank and/or payment details.

These details are kept within Lulu Tsintsadze B.V. acting as the party responsible for your personal data under the Dutch Data Protection Act and its subsidiaries acting as personal data assistants/processors on behalf of Lulu Tsintsadze B.V. Lulu Tsintsadze maintains and processes your personal data in the Netherlands and in accordance with this Act.

 

Purpose of collecting data

In providing your personal details you consent to us using the data collected in order to meet our commitments to you and provide the service you expect. This will include processing of orders for shipping, sending information such as new services or other marketing offers which may be of interest and also to notify you of any changes or enhancement to our services by either email, telephone or mail from Lulu Tsintsadze’s webshop. Your details may also be used to monitor traffic to and from our webshop to help us improve the performance, design and layout of the site. In the event of any problem with delivery of your items, we will use the information to get in contact with you.

Unless we specifically notify you otherwise, any personal information you provide (not including content, reviews, feedback and opinions that you upload) to Lulu Tsintsadze will only be used by Lulu Tsintsadze or our partners for the delivery of Lulu Tsintsadze’s services to you. Lulu Tsintsadze will not share or sell personal data collected about you or personally identifiable information with third parties.

If you would like to know which data we collected or if you don’t want the Lulu Tsintsadze’s webshop to use your data for marketing offers, please contact us at customer@lulutsintsadze.com.

 

Your rights

You always have the right to review the personal information we keep about you. You can request an overview of your personal data by emailing us at customer@lulutsintsadze.com. Please write 'request for personal information' in the subject line of your email and include proof of identity to help us prevent unauthorised individuals from accessing your personal data.

If the personal information we have from you is incorrect, we will update it at your request. You can also ask us to remove your personal data from our customer database by sending an email to customer@lulutsintsadze.com. Please write “request for removal of personal information' in the subject line. Please note: we may need to retain certain information for legal or administrative purposes, such as record keeping or to detect fraudulent activities.

 

Cookie Policy

Lulu Tsintsadze uses small files called cookies to help the website to function and to improve our web-based services. Cookies are stored on your computer, and used by your web browser.

You can choose not to accept cookies from Lulu Tsintsadze by changing your browser's settings, and switching off cookies. Choosing not to use cookies might make some parts of the website inaccessible, and some features may not work as expected. If you have not switched off cookies in your browser's settings, we will issue cookies when you access our site.

These are the cookies that Lulu Tsintsadze might use:

Technical cookies: We try to give our visitors an advanced and user-friendly website that adapts automatically to their needs and wishes. To achieve this, we use technical cookies to show you our website, to make it function correctly, to sign you in and to manage your settings. These technical cookies are absolutely necessary for our website to function properly.

Functional cookies: We also use functional cookies to remember your preferences and to help you to use our website efficiently and effectively, for example by remembering your preferred currency and language and your searches you viewed earlier. These functional cookies are not strictly necessary for the functioning of our website, but they add functionality for you and enhance your experience.

Analytics cookies: We use these cookies to gain insight into how our visitors use the website, to find out what works and what doesn't, to optimise and improve our website and to ensure we continue to be interesting and relevant. The data we gather includes which web pages you have viewed, which referring/exit pages you have entered and left from, which platform type you have used, date and time stamp information and details such as the number of clicks you make on a given page, your mouse movements and scrolling activity, the search words you use and the text you type while using our website. We also make use of analytics cookies as part of our online advertising campaigns to learn how users interact with our website after they have been shown an online advertisement – which may include advertisements on third-party websites. However, we will not know who you are, and will only obtain anonymous data. Our business partners may also use analytics cookies to learn if their customers make use of their services and offers integrated into their websites.

Commercial cookies: We use third-party cookies as well as our own to display personalised advertisements on our websites and on other websites. This is called “retargeting,” and it is based on browsing activities, such as the destinations you have been searching for, the businesses and service providers you have viewed. Commercial cookies may also be used by selected third parties to display their products and services through our website.

The cookies we use have varying life spans. The maximum lifespan we set on some of them is five years from your last visit to our website. You can erase all cookies from your browser any time you want to. To remove Lulu Tsintsadze cookies from your browser, go to your internet options and follow instructions. The providers we use are committed to building consumer awareness and establishing responsible business and data management practices and standards. Only Lulu Tsintsadze has access to Lt-athleisure.com cookies. Cookies placed by third parties can be accessed by these third parties.

 

Google Tag Manager

Lulu Tsintsadze uses Google Tag Manager, a cookie-less domain which does not  collect personal data. This tool allows ‘website tags’ (i.e. keywords which are integrated in HTML elements) to be implemented an managed using an user interface. By means of auto-event tracking, we are able to see which button, link of personalised picture you actively clicked to determine which content of our website are of particular interest to you.

Additionally, the tool causes other tags to be activated which may, for their apart, collect data under certain circumstances. Google Tag Manager does not access this information. If recording has been deactivated on domain or cookie level, this setting will remain in place for all tracking tags implemented with Google Tag Manager.

 

Security

In accordance with European data protection laws, we observe reasonable procedures to prevent unauthorised access and the misuse of personal data.

We use appropriate business systems and procedures to protect and safeguard the personal data you give us. We also use security procedures and technical and physical restrictions for accessing and using the personal data on our servers. Only authorised personnel are permitted to access personal data in the course of their work.

 

Contact us at Lulu Tsintsadze

Should you have any questions about data protection at Lulu Tsintsadze or if you would like to know which of your personal data we have stored, please contact customer@lulutsintsadze.com or write to Lulu Tsintsadze, Biltstraat 140, 3572 BL Utrecht, Netherlands.