Terms and Conditions

Article 1: General

1.1 Luqaza is a trade name of Dutch Home Label BV, a private limited company, registered in the Trade Register under KvK number 73312207, having its registered office in Sassenheim.

1.2 All Luqaza products, orders and agreements are subject to these general terms and conditions.

1.3 By placing an order, you indicate your agreement with the delivery and payment conditions. Luqaza reserves the right to change its delivery and/or payment terms after expiry.

1.4 The provisions of these general conditions may only be deviated from if expressly agreed in writing, in which case the remaining provisions of these general conditions shall remain in full force.

Article 2: Delivery and returns

2.1 Delivery will take place while stocks last.

2.2 Delivery will take place within 1 to 3 working days. Unless otherwise indicated on the website. If the delivery time to 3 working days will not be met, the client will receive an e-mail or phone call from Luqaza stating the correct delivery time. In that case, the customer shall have the power to dissolve the contract with Luqaza, by means of the Model withdrawal form (PDF) or otherwise unambiguously notify Luqaza.

2.3 All periods mentioned on the web site are indicative. No rights may therefore be derived from the periods mentioned.

2.4. Any payments already made by the Client shall be returned to the Client’s bank or giro account as soon as possible, but in any case within fourteen working days of Luqaza’s receipt of the request to dissolve the agreement referred to in the preceding article (article 2.2).

2.5. After the customer has received the item ordered by him/her, the customer has the right, within fourteen (14) days of receipt of this item, to dissolve the underlying agreement with Luqaza by means of the Model withdrawal form (PDF) or by notifying Luqaza in another unambiguous manner. After the consumer has expressed his wish to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, e.g. by means of proof of dispatch.

2.6. If the customer wishes to dissolve the agreement pursuant to article 2.5 of these general conditions, the customer must return the goods, if reasonably possible in the original packaging and in new condition, after consultation with Luqaza, to an address determined by Luqaza. In this case, the customer shall bear the cost and risk of shipping.

2.7. If the Client has already made any payments at the time the Client revokes the agreement with Luqaza pursuant to article 2.5 of these general conditions, Luqaza shall refund such payments to the Client within fourteen (14) working days, after Luqaza has received the request for dissolution of the agreement, using the same means of payment as was used to pay for the order. If the total order amount, after processing returns, is less than €50 (for the Netherlands, Belgium and Germany), the right to free shipping expires. In this case, Luqaza will deduct the shipping costs from the amount to be credited.

2.8. Luqaza reserves the right to refuse returned items or to credit only part of the amount already paid, if it is suspected that the item has already been opened, used or damaged by the customer’s fault (other than Luqaza’s or the item’s supplier’s).

2.9. If an item is returned that, in Luqaza’s opinion, has suffered damage attributable to an act or omission by the Client or is otherwise at the Client’s risk, Luqaza shall notify the Client in writing (by letter or e-mail). Luqaza will be entitled to deduct the depreciation of the item due to such damage from the amount to be refunded to the customer.

2.10 If free products are provided in actions above a certain order amount, the following applies: if the total order amount, after processing the return, falls below the set order amount for which a free product was provided, Luqaza will charge the webshop value of the free product provided.

Article 3: Payment and shipment

3.1. All prices mentioned on the website are in euros and include legally determined sales tax (VAT).

3.2 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.

3.3 All prices on the website are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.

3.4 Orders are only sent after payment in advance or if Afterpay is used. Payment is possible via iDeal, PayPal, bank transfer or Afterpay.

3.5 For shipping within the Netherlands, Luqaza charges € 4.95 shipping costs. With an order amount above € 50, shipping costs are waived. For dispatch of packages to the United States/Australia/Brazil/Canada/China/Hong Kong/Japan/New Zealand/South Africa, a surcharge is made for dispatch of the ordered product(s). The amount will be communicated to the customer before shipment and must be paid before shipment.

3.6 For orders sent by Luqaza as so-called letter mail, adjusted shipping costs are charged.

3.7 Upon receipt of payment, an order (if in stock on site) and if ordered before 15.00, will be dispatched the same working day. If the order is in stock at one of our suppliers, the delivery time is 3-5 working days. The exception to this is a possible holiday, this will be stated on the website.

3.8 If a parcel is sent by PostNL, a track & trace code will be sent.

3.9 If the buyer is not in the country of dispatch, the buyer is liable for any sales tax or import duties due.

Article 4: Privacy

4.1 If you place an order with Luqaza, your details will be included in Luqaza’s customer database. Luqaza abides by the Personal Data Protection Act and will not provide your details to third parties.

4.2 Luqaza respects the privacy of its web site users and ensures that your personal data is treated confidentially.

4.3 Luqaza uses a mailing list. Each mailing contains instructions to remove yourself from this list.

4.4. We record personal data entered by the client in a file. Luqaza uses this data to execute the client’s order. We do not pass this data on to third parties.

4.5. Unless the customer has indicated that the customer does not wish to be included, the customer’s data will be included in a Luqaza central file. This data will be used to keep the client fully up-to-date in terms of Luqaza developments and services. The processing of the Client’s data will take place in accordance with applicable laws and regulations.

4.6. If desired, the Client may inspect the data recorded by Luqaza on the Client’s person in Luqaza’s file. The customer is entitled to demand amendment of the data if such data is incorrect.

Article 5: Guarantees

5.1 Luqaza warrants that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for normal use.

5.2 An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement, if the entrepreneur has failed to fulfil his part of the agreement.

5.3 Luqaza corresponds to the factory warranty period. This guarantee does not apply in case the defect is due to 1. neglected care, or 2. deliberate damage, or 3. Inattention.

Article 6: Quotations

6.1 Quotes are without obligation, unless otherwise stated in the quote.

6.2 Upon acceptance of a non-binding offer by the client, Luqaza reserves the right to revoke or depart from the offer within 3 working days of receipt of such acceptance.

6.3 Verbal undertakings shall bind Luqaza only after expressly confirmed in writing.

Article 7: Agreement

7.1. An agreement between Luqaza and a customer comes about after an order or assignment has been assessed for feasibility by Luqaza.

7.2 Luqaza reserves the right, without giving reasons, not to accept orders or assignments or only to accept them under the condition that dispatch takes place after payment in advance.

Article 8: Illustrations and specifications

8.1 All images; photos, drawings, etc. and (technical) specifications; including data on weights, dimensions, colours, etc. on the Luqaza website are approximate only, are indicative and may not lead to compensation or dissolution of the agreement.

Article 9: Force majeure

9.1. Luqaza shall not be liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.

9.2. Force majeure shall mean any foreign cause, as well as any circumstance that should not reasonably be considered for its risk. Delay in or failure to perform by our suppliers, transport difficulties, strikes, government measures, delays in supply, negligence on the part of Luqaza’s suppliers and/or manufacturers. as well as of auxiliary persons, illness of personnel, defects in auxiliary or transport means shall explicitly count as force majeure.

9.3. In case of force majeure, Luqaza reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the contents of the agreement be modified so that execution remains possible. In no case shall Luqaza be obliged to pay any fine or compensation.

Article 10: Complaints

10.1. All complaints concerning delivery, quality, quality of the goods or any other complaint shall be taken seriously by Luqaza.

10.2. The client must make a complaint in writing to Luqaza (letter or e-mail: info@luqaza.com).

10.3. Luqaza will attempt to resolve the complaint within fourteen (14) working days. Luqaza will notify the customer in writing (letter or e-mail).

10.4 In case of complaints, a consumer should first contact Luqaza. If complaints cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Should a solution still not be reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by the WebwinkelKeur Foundation, the decision is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that have to be paid by the consumer to the committee concerned. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

Article 11: Intellectual and industrial property rights

11.1.The customer shall fully and unconditionally respect all intellectual and industrial property rights vested in the goods delivered by Luqaza.

11.2. Luqaza does not guarantee that the goods delivered to the client do not infringe on any intellectual and/or industrial property rights of third parties and accepts no liability in the event of any third-party claim based on the assertion that goods delivered by Luqaza infringe on any third-party right.

Article 12: Miscellaneous

12.1 If the Client provides Luqaza with an address, Luqaza shall be entitled to ship all orders to that address until the Client provides Luqaza with a new address.

12.2. Luqaza is authorised to make use of third parties in the execution of the Client’s order(s).

Article 13: Applicable law and dispute resolution

13.1. All offers, orders and agreements of Luqaza shall be governed by Dutch law.

13.2 The Dutch courts shall have jurisdiction.

13.3 The Vienna Sales Convention shall not apply.