GENERAL TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS OF SALE BEFORE PLACING AN ORDER ON LASTSEASONSCOLOUR.COM
The terms and conditions of sale (“Terms of Sale”) regulate your purchase of the products we promote and sell on this Site (“Products“) and the shipping of such Products in the countries we deliver in. “Site” means the website located at https://www.lastseasonscolour.com.
When you make a purchase on this Site, we ask you to confirm your acceptance of these Terms of Sale and, if you do, a contract is formed between you and us, subject to these Terms of Sale. It is important that you read and understand these Terms of Sale before placing an order for Products on this Site (“Order“).
1. Who are we?
In these Terms of Sale “Lastseasonscolour”, “we”, “Eksogear Production BV” and “us” means the trader of the Products, that is the company Eksogear Production BV, whose registered office is at Pijlsteeg 6 – Leeuwarden, The Netherlands, Company Registration number 658811380 (Chamber of Commerce, NL), BTW Nr. NL8562.69.633.B02. “You” means you the customer.
2. Regarding the accuracy of product information and prices
We do our best to ensure that the information about our Products is accurate and up-to-date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them.
The colours you see on the screen of your device of choice may depend on the settings of this device, so we cannot guarantee that your computer will accurately display the colours of our products compared to the actual real life colour.
With regards to prints and artworks: placement of artworks vary per unique item.
We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email (see below).
3. How do I make a purchase on this Site?
We describe here all the steps necessary to make a purchase (in legal terms, to conclude a purchase contract) on our Site. The process below will be available in the following languages: English
The concluded contract will be provided to you at the end of the process and will also be accessible – but not modifiable – in the future by us.
Step 1: you place an Order
To complete a purchase, you first have to place an Order for Products. Then, this Order has to be accepted by us.
To place an Order you must be 18 years of age or over. To place an Order you will have to select the Products on the Site, select your preferred shipping method and, if you like, other optional services, and finally click on the “BUY NOW” button. We will not accept Orders placed in any way other than as detailed above.
Step 2: we confirm receipt of the Order
When you place the Order through the Site you will receive an automated email confirming receipt of your Order (“Order Receipt email”). The Order Receipt email contains full details of your Order (such as Order No., information on Products, prices, your shipping address, delivery costs and other). Please note the Order Receipt email is NOT already an acceptance of your Order.
Step 3: we confirm that Products have been shipped – contract concluded
When your Order is accepted by us, we send you an email confirming that all, or part, of the Products have been shipped (“Shipping Confirmation email”).
Once you receive the Shipping Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded in relation to the Products actually shipped. Such a contract is composed by: your Order; our Order Receipt and Shipping Confirmation emails; the then current Terms of Sale. No other terms and conditions shall apply.
The Shipping Confirmation email will contain an unmodifiable copy of the version of the Terms of Sale applicable at the time the purchase contract is concluded, for your future reference.
When Orders are not accepted
While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if:
A. you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address;
B. we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed;
C. the Products you ordered are unfortunately out of stock or no longer available;
D. We have reasonable grounds to believe that you intend to resell the Products.
If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.
4. How can I pay for the Products?
* SEPA Bank Transfer
* SOFORT Banking
Payment must be made in the currency as indicated on your order before you submit it.
Your products will be supplied after your payment is cleared. If we do not receive payment in cleared funds within 30 days after the date of your order then your order will be cancelled.
Payment by credit/debit card
If you pay by credit or debit card, you must supply your card details when you place your order.
When you place your order, we will contact your card issuer to request authorization to the use of your card for payment of products. We will not accept your order (and so we will not supply the products to you) until your credit or debit card issuer has authorised the use of your card for payment of the products ordered. When your credit or debit card issuer authorizes the use of your card, the necessary funds on your card are reserved until the purchase process is completed or cancelled. However, no amount is actually charged on your card until the purchase process is completed. Authorizations can remain pending 3 to 7 days even in case of cancelled orders. In such cases, no actual charges will be effected, and the funds will be eventually released. Please contact your credit/debit card issuer for more information on their specific policies regarding authorisations.
We reserve the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.
We take all reasonable care to make our site secure and to prevent frauds. All credit and debit card transactions on this site are processed by Mollie Payments, a secure online gateway which will be responsible for holding and automated handling in a secure environment of the information relating to your payment details. Please note that we may, at any time and at our sole discretion, restrict shipping to certain countries or locations we believe to be at high fraud risk.
5. When will be the Products delivered? Can I track my shipment?
We ship with a shipping company of our choice (DHL, PostNL, or any of their local partner companies),
You can track shipment of your Products by clicking on the “Track My Order” link in the Shipping Confirmation email. Please note such link will direct you to the courier’s website, which is not controlled by us. Once the Order is handed over to the shipping company, we do not have control of the delivery.
6. I want to return a Product purchased here. What do I have to do?
We hope you are delighted with your purchase, however we understand if you wish to return any or all of the Products. You can return Products if you are not satisfied or you just change your mind within 30 days of receipt (right of withdrawal).
Please be aware that we do not refund additional shipping costs made to return the item.
Please return shipment, including invoice, to:
Eksogear Production BV
7. Who can I call if I have problems with a purchase or a Product or if I want to make a complaint? Does Lastseasonscolour offer after-sale customer support?
If you experienced problems or want to make a complaint regarding a Product or a purchase made on this Site, or if you simply need after-sale assistance, you can contact us as indicated in our Contact page, managed by our Customer Service.
8. What is Lastseasonscolour’s liability if something goes wrong with a purchase or a Product?
Our liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows: (i) we shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations; (ii) we shall not be liable due to the slightly negligent breach of any other duty of care applicable.
The above limitations of liability shall not apply to any mandatory statutory liability and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent VF has assumed a specific guarantee. The above provisions shall apply accordingly to our liability for futile expenses.
In any event, you shall take adequate measures to avert and reduce damages.
Please also note that we cannot be held responsible for delays or failure to perform our obligations under these Terms of Sale if such delay or failure is caused by any circumstances beyond our reasonable control, including, for example, natural disasters, war or civil disturbances, strikes, government intervention, failures of our supplier(s), failure by you to give us a correct information or to effect due payments. We will inform you of any such unforeseen events as soon as possible after they occur and we will do our best to reduce their impact on our performance as reasonably possible. Should this interruption continue beyond a period of 2 weeks, you will be entitled to cancel the Order and get a refund.
Nothing in these Terms of Sale shall affect your statutory rights as a consumer, such as your right of withdrawal or your right to a free guarantee for faulty goods as mentioned in Clause 7 above, and nothing in these Terms of Sale shall exclude or limit any liability of LILIÓ Amsterdam that cannot be excluded or limited pursuant to the applicable law.
9. Are my personal data collected and processed on this Site? Why? How?