Leo Luccini is registered with the Chamber of Commerce in Venlo(the Netherlands) under the number 59064323, hereinafter referred to as Leo Luccini.
Article 1. General
Leo Luccini acts as supplier of e.g. mens and womenswear.
Leo Luccini engages in the supply of such goods.
Article 2. Definitions
In these Terms and Conditions (hereinafter: Conditions) shall apply:
- Customer: any natural or legal person who enters into contact with Leo Luccini on the creation of an Agreement;
- Agreement: any agreement concluded between Leo Luccini and the Customer, any amendment or supplement thereto, and all (legal) acts in preparation and execution of the Agreement;
- Products: menswear, womenswear and accessories.
- Services: by or on behalf of Leo Luccini whether or not relating to products to be provided, as specified in the Agreement;
- Order: any order of the Buyer to Leo Luccini.
- Notice: any notification of Leo Luccini to Customer, including
brochures, advertisements, catalogs, quotations, order confirmations, phone calls, price lists, invoices, e-mail, fax on demand, faxes and letters.
- Force majeure: a contract provision that allows Leo Luccini to suspend or terminate the performance of its obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible.
These circumstances include: strikes and lockouts, delays or other problems in the production by Leo Luccini or its suppliers and / or its own or third party transport and / or action by any governmental authority, telecommunications failures, and the lack of any government issued license.
Article 3. Applicability of these conditions
These conditions are part of all Contracts and are applicable to all related (legal) acts of Leo Luccini and Customer.
The applicability of any specific terms or conditions of the Customer is expressly rejected by Leo Luccini.
Article 4. Offers, creation of the agreement and declaration and indications of Products
- An offer or (price) quotation doesn’t bind Leo Luccini and serves only as an invitation to place an Order, unless explicitly stated otherwise.
- Leo Luccini expressly reserves the right to change prices, in particular when under (legal) regulations necessary or if the conduct of the suppliers of Leo Luccini give reason to it.
- An agreement is only after acceptance by the customer of Leo Luccini and confirmed by Leo Luccini. Leo Luccini is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Leo Luccini communicate this within ten (10) days after receipt of the order.
- All statements by Leo Luccini of numbers, specifications, and / or other indications of products are made with care. However, Leo Luccini cannot guarantee that no deviations will occur.
Article 5. Prices and payments
- The prices for the products and services offered are in Euros(€), including VAT and handling charges(standard/normal shipping). This price excludes express shipping, import fees and taxes or other charges unless otherwise stated or agreed in writing.
- If Leo Luccini outsources its claim for collection, the buyer must also pay the collection costs, which at least fifteen percent (15%) of the outstanding amount, without prejudice to Leo Luccini to claim the actual extrajudicial collection costs. If the customer is in debt of any payment, Leo Luccini is entitled (implementing) to suspend or dissolve the agreement and related agreements.
- If the prices rise for the products and services in the period between the order and the execution thereof, the purchaser is entitled to cancel the order or to terminate the agreement within ten (10) days after notice of the increase by Leo Luccini.
- The purchaser may claim the exchange of goods purchased. The Buyer must return the purchased goods to Leo Luccini(see address details on the website or contact Leo Luccini by mail) and the Customer is thereby also responsible for all handling charges and, shipping costs or any other costs. If the occasion arises, it is possible to get compensation or discount within 14 days of receipt in consultation with the supplier. Customer can request this by email.
- All prices on the website of Leo Luccini are in Euros(€). Any extra costs for exchange rates by the payment gateways will not be compensated by Leo Luccini and are for the costs of the buyer.
Article 6. Exceptions
- Colors of items due to monitor settings may vary from the actual color of the product. Leo Luccini is not responsible for this.
- Leo Luccini doesn’t guarantee the delivery date. Leo Luccini does it utmost to realize delivery within the prescribed period. However, the delivery date or the extend of this cannot be a reason to cancel the purchase. The number of days of delivery can be found at the Leo Luccini website and can be requested via mail.
- We do not guarantee fit. The dimensions of the products can be found on the website and the customer is responsible for ordering the size of the product.
- The dimensions of products may vary 1 to 2 centimeters of the dimensions given on comparison of the website. This is because the dimensions are determined manually. However, the variation of this cannot be a reason to exchange the purchase, unless agreed otherwise with Leo Luccini.
Article 7. Delivery Dates
- A Leo Luccini specified delivery time is based on the time of the offer for Leo Luccini prevailing circumstances, depending on performance of the suppliers of Luccini Leo and on the information provided to Leo Luccini by those suppliers.
- Stated delivery times will never be regarded as a deadline, unless otherwise expressly agreed.
- If the Buyer refuses to take delivery of the goods, the buyer nevertheless remains obliged to pay the agreed price and to compensate Leo Luccini for resulting costs.
- Exceeding the delivery period the Customer is not entitled to any compensation in this respect.
- Leo Luccini at all times has the right do deliver the order in parts.
- Since the procedure of ‘product returning’ requires a delivery date and standard shipping has no track and trace(therefor cannot be confirmed a delivery date), Leo Luccini calculates the delivery date at 37 days after Leo Luccini gives confirmation of product(s) being shipped.
Article 8. Delivery and Risk
- Unless otherwise agreed in writing, the Customer chooses the shipment via the website of Leo Luccini and is responsible for the shipment costs, unless stated otherwise.
- Customer bears the risk of the goods from the moment when the goods are offered for delivery to the specified address.
- The customer is liable for the delivery to take receipt. Failing this, the expense and risk are for the buyer. Leo Luccini will hereby notify the Purchaser as soon as possible about the time and place of storage and the Customer will take the products as soon as possible but no later than 10 days after notification.
- If the Buyer does not take the Products or not in time, he will be in debt without any notice. Leo Luccini is then entitled to store the Products at the expense and risk of the Customer or to sell them to a third party. Customer will be in debt of the sum and expenses including cancellation.
- Leo Luccini can charge costs for the customer if the customer doesn’t cancel the order in time.
- Leo Luccini is not responsible for any additional costs for duties, taxes and customs clearance.
Article 9. Retention
- All the consumer goods remain the property of Leo Luccini until full payment of all amounts, including any interest and costs payable by the purchaser to or delivered under contract to deliver goods or performed or to be providing services, as well as regarding claims for the failure to comply with that agreement.
- The customer is obliged to bear careful handling of the goods care and lacks the ownership of the goods as long as the buyer has not fully complied with its obligations to Leo Luccini.
- If Leo Luccini cancels the order wholly or partially it is entitled to take back the unpaid portion of the delivered goods. Dissolution and / or repossession affect the right of Leo Luccini on damages.
Article 10. Liability and Indemnification
- Leo Luccini is not liable for damage to the Products other than in compliance with the given guarantees.
- The buyer has the obligation to inspect whether the products meet the agreement with respect to size and design. If this is not the case, the customer must notify Leo Luccini without delay and in any case within fourteen (14) days after delivery, or after observation when possible, in writing and motivated.
- Only if it is demonstrated that the products do not meet the agreement regarding fit and quality defects, Leo Luccini has the choice to customize the product, to give discount or replace it by new products or to refund the invoice value .
- It is possible that cotton shrinks 10% in warm or hot water and the centrifugation. If this happens and the product does not fit the customer; Leo Luccini will not be responsible for. It is recommended that the buyer washes the products of cotton by hand.
Article 11. Guarantees
- Claims due to visible defects must conform to the contract, but no later than 14 days after receipt of the goods, be submitted by the customer online. Complaints received by Leo Luccini after the this period are not being handled by Leo Luccini.
- The customer has the right to cancel the order within 14 days and receive the amount. This duration starts from the time that a customer will receive the product(see also article 7.6). If the buyer to cancel the order, the customer is obliged to return it to Leo Luccini. The buyer is responsible for additional costs such as shipping. The buyer Leo Luccini can send a request by email.
Article 12. Force Majeure
- If Leo Luccini by Force Majeure cannot meet its obligations to customer requirements, the fulfillment of the obligations will be suspended for the duration of the force majeure.
- If the Force Majeure lasts 4 weeks, both parties have the right to terminate the Agreement in whole or in part if the force majeure situation justifies this.
- The Customer is not entitled to any (compensation) payment, even if Leo Luccini as a result of force majeure has some advantage.
- Force majeure also applies to products discontinued by manufacturer and / or express shipping by higher price change of carrier.
- Leo Luccini will notify the Customer as soon as possible of an Force Majeure.
Article 13. Orders / communication
1. For misunderstanding, delays or incorrect transmission of order data and messages resulting from the use of the Internet or any other means of communication between the customer and Leo Luccini or between Leo Luccini and others, as it relates to the relationship between the customer and Leo Luccini, Leo Luccini is not liable, unless and to the extent there might be intent or gross negligence by Leo Luccini.
Article 14. Personal
- Leo Luccini will record the information you provide in a file. This information will be used for the execution of your order and in connection therewith shall be made available to third parties. Unless you have indicated that you do not appreciate it, your data will be included in a central file of Leo Luccini and made available to companies within the group of Leo Luccini companies and will use your information to our products and services to off vote for your interests and to inform you. The processing of your data will occur in accordance with applicable laws and regulations.
Article 15. Obligations of the Customer
- Customer will provide Leo Luccini all for the performance of the work of Leo Luccini necessary data available on time and is responsible for the accuracy and completeness.
- If the implementation of the Agreement is not in time or not in accordance with the agreements made by Leo Luccini or if the Customer otherwise does not fulfill its obligations, Leo Luccini has the right to charge extra fees.
Article 16: Confidentiality
Article 17. Intellectual and Industrial Property Rights
- Copyright and all other intellectual and industrial property on all Products by Leo Luccini to Customer delivered or also be made available in any way be held exclusively by Leo Luccini or its suppliers, and the Customer acquires before the rights of use, unless otherwise expressly agreed in writing signed by a piece Leo Luccini and Customer.
- The Purchaser is not permitted to alter or modify the product, its packaging trade mark, affixed signature, any copyright, trademarks or any part thereof to replicate.
- Leo Luccini declare that to the best knowledge, the Products do not infringe applicable in the Netherlands intellectual and industrial property rights of others. In the event of third party claims for infringement of such rights, Leo Luccini may, if necessary, replace or modify the Product in question, or dissolve the Agreement in whole or in part. Customer has the right to terminate the Agreement .
- Customer of Leo Luccini will immediately notify any claim in respect of an infringement of intellectual and industrial property rights relating to the Products. In the event of such a claim Leo Luccini will cooperate.
Article 18. Miscellaneous
- If one or more provisions of these Terms or any other agreement with Leo Luccini might be in conflict with any applicable provision, Leo Luccini will fix it and it will be replaced by a new law by Leo Luccini lawful condition.
Article 19. Applicable law and competent court
- All parties agreements and resulting legal relations are based on the Dutch law. The applicability of the CISG is expressly excluded.
- All disputes relating to this Agreement shall be settled by the competent court in Amsterdam.
- Leo Luccini is entitled from time to time to modify these general sales, delivery and payment terms.