Terms & Conditions
Applicable to purchases made on lamaisonestelle.nl
1. General Provisions
1.1. Scope of Agreement: These Terms and Conditions of Sale (hereinafter – the “Terms”) constitute a legally binding document that establishes the mutual rights, obligations, and responsibilities between you, the Buyer (hereinafter – “You” or the “Customer”), and us, the Seller (hereinafter – “We” or “Us”), concerning Your purchase of goods from the online store www.lamaisonestelle.nl (hereinafter – the “E-shop”).
1.2. Account Options: When shopping in the E-shop, You may register for an account or proceed to purchase goods as a guest.
1.3. Acceptance of Terms: By purchasing goods on the E-shop’s website, www.lamaisonestelle.nl, You unconditionally and without reservation agree to these Terms.
1.4. Buyer Eligibility: By shopping in the E-shop and agreeing to these Terms, You confirm that You have the right to purchase the goods sold in the E-shop without any restrictions, meaning You are:
- 1.4.1. A legally competent natural person; or
- 1.4.2. A minor between the ages of fourteen and eighteen with the consent of parents or guardians; or
- 1.4.3. A legal entity or its authorized representative.
1.5. Essential Communication and Direct Marketing: By agreeing to these Terms, You consent to receive informational messages essential for the completion of the order, payment, and delivery of goods to the email address You provide. You also consent to Your email address being used for direct marketing and/or market research purposes. If You do not consent to Your email address being used for direct marketing and/or research purposes, please inform us by email at info@lamaisonestelle.nl.
2. Conclusion of the Sales Contract
2.1. Contract Formation: The contract between You and Us is considered concluded from the moment You: form a shopping cart in the E-shop, specify the delivery address, select a payment method, familiarize Yourself with our Terms, and click the “Confirm Order” (or similar) button.
2.2. Storage of Contracts: Each contract concluded between You and Us is stored within the E-shop’s internal system.
3. Your Rights (The Buyer’s Rights)
3.1. Right to Purchase: You have the right to purchase goods in the E-shop in accordance with these Terms and the procedure established by the E-shop.
3.2. Right of Withdrawal (Cancellation Right): You have the right to withdraw from the purchase-sale contract with the E-shop by notifying Us in writing (via email, stating the item to be returned and its order number) no later than 14 (fourteen) calendar days from the day of delivery of the goods, as mandated by EU consumer law, except in cases where the contract is concluded for:
- 3.2.1. The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- 3.2.2. The supply of audio or video recordings or computer software which were unsealed by You;
- 3.2.3. The supply of newspapers, periodicals, or magazines;
- 3.2.4. Other cases where the right of withdrawal cannot be exercised according to the law of the Republic of Lithuania and the relevant EU regulations.
3.3. Condition of Returned Goods: You may only exercise the right to return goods if the returned goods have not been damaged, their essential appearance has not substantially changed, and they have not been used.
3.4. Product Appearance: We are not liable for the fact that the colour, shape, or other properties of the goods in the E-shop may not correspond to the actual properties of the goods due to the features of the equipment (monitor) You use.
4. Your Obligations (The Buyer’s Obligations)
4.1. Payment and Acceptance: You undertake to accept the ordered goods and pay the agreed price for them.
4.2. Data Updates: If the data provided by You in the registration form changes, You must update it without delay. If the data is not updated, We are not responsible for the proper execution of the contract.
4.3. Compliance: You agree to these Terms and must comply with them when using the E-shop.
5. Our Rights (The Seller’s Rights)
5.1. Service Suspension: If You attempt to harm the work or stable operation of the E-shop, We may, without prior warning, limit or suspend Your ability to use the E-shop or cancel Your registration.
5.2. Termination of Activity: In the event of important circumstances, We may temporarily or completely terminate the operation of the E-shop without prior notice to You.
5.3. Amendments to Terms: We may unilaterally amend the provisions of these Terms at any time. You will be informed of any changes when logging into the E-shop and, in order to shop in this online store, You will be required to re-accept the amended conditions. If You do not accept the amended conditions, We reserve the right not to accept Your order.
5.4. Minimum Order Value: We have the right to set a minimum shopping cart size at Our discretion, i.e., the minimum amount that must be reached for Your order to be fulfilled.
6. Our Obligations (The Seller’s Obligations)
6.1. Service Provision: We undertake to create all conditions for You to properly use the services provided by the E-shop.
6.2. Delivery: We undertake to deliver Your ordered goods to the address You specify and within the agreed delivery period.
6.3. Unavailability of Goods: If, due to important circumstances, We are unable to deliver the goods You ordered, We undertake to offer You an analogous product. If You refuse to accept the analogous product, We will refund the money paid by You within 14 (fourteen) days.
6.4. Refund for Returns: If You exercise Your right to return goods (withdrawal), We undertake to refund the money paid by You within 14 (fourteen) days, calculated from the date of receipt of the returned goods.
7. Delivery of Goods
7.1. Delivery Territory: Goods are primarily delivered within the territory of the Republic of Lithuania. For delivery to another country (e.g., the Netherlands), You must contact the E-shop individually by email at info@lamaisonestelle.nl, and the specific provisions of these Terms regarding delivery may be superseded by a separate agreement.
7.2. Delivery Price: The price of delivery is displayed to You upon confirmation of the order.
7.3. Payment Confirmation: Goods are delivered only after We have received Your full payment for the goods and delivery to Our bank account, specified in the order confirmation, and We have confirmed the payment received. Payments made by bank transfer are confirmed on business days no later than within 24 hours. If We do not receive full payment for the goods within 24 hours from the order confirmation moment, Your order will be cancelled.
7.4. Delivery Conditions and Delays: Delivery conditions are specified in the E-shop section “Delivery of Goods”. Goods carried by us under special order are delivered within the agreed time. You agree that, in exceptional cases, the delivery of goods may be delayed due to unforeseen circumstances beyond Our control. In this case, We undertake to contact You immediately and coordinate the terms of delivery.
7.5. Acceptance of Goods: You undertake to accept the goods Yourself. If You cannot accept the goods Yourself, and the goods are delivered to the specified address based on other data provided by You, You do not have the right to make claims against Us regarding the delivery of the goods to an unsuitable subject.
7.6. Inspection upon Delivery: During the delivery of the goods, You must check the condition of the goods delivered in the shipment together with Us or Our authorised representative and sign the delivery person.
7.7. Confirmation of Delivery: By signing the delivery document, it is deemed that the goods in the shipment are in order, the shipment has been transferred in good order, and You have no claims regarding the goods in the shipment.
7.8. Claims for External Damage: If You notice any external damage to the items in the shipment (crack(s), dent(s), scratch(es), corrosion damage, etc.), You must mark this on the shipment acceptance-transfer document and, in the presence of Us or Our authorised representative, draw up a free-form act of damage (non-conformity) of the shipment and/or item(s). If You fail to perform these actions, We are released from liability to You for damage to the goods, if the basis for such damage is not a factory defect, and for discrepancies in the completeness of the goods, if these discrepancies could be determined by inspecting the exterior of the goods.
7.9. Claims for Non-Conformity: You have the right to file a claim with Us for subsequently noticed and formally documented non-conformities within 2 (two) days from the date of acceptance of the goods. In this case, We undertake to examine the claim within 10 (ten) business days and, if the claim is justified, offer You to return the goods, replace them with goods meeting the quality requirements, or reduce the price of the goods.
8. Returns
8.1. Return Procedure: E-shop Buyers have the right to withdraw from the contract for a product purchased online within 14 (fourteen) calendar days from the date of delivery. After deciding to withdraw from the contract, the Buyer must inform the Seller by phone or email and agree on the method of returning the goods. The Seller undertakes to return the money paid by the Buyer for the goods and their delivery within 14 (fourteen) days from the date of return of the goods. The costs of returning the goods shall be covered by the Buyer.
8.2. Completeness: Returned goods must be fully complete. You are responsible for the full completeness and packaging of the goods. If the item is not fully complete and properly packaged, We or Our representative will not accept the item for return.
8.3. Packaging: The item must be returned in the original packaging in which it was delivered. The packaging must be undamaged, clean, properly prepared, and packaged.
8.4. Defective Goods: When returning defective goods, We undertake to collect the defective goods and replace them with an analogous product. In the event that We do not have an analogous product, We will refund the money paid by You for the goods.
9. Liability
9.1. Accuracy of Data: You are fully responsible for the correctness of the data provided in the registration form. If You do not provide accurate data in the registration form, We are not responsible for the consequences arising therefrom.
9.2. Actions in the E-shop: You are responsible for the actions performed using the E-shop.
9.3. Account Security: You are responsible for transferring your registration code/login details to third parties. If third parties use Your registration code, You are responsible for the actions performed by the third party.
9.4. Third-Party Websites: We are not responsible for the information provided on the websites of other companies, even if You access these websites through links in the E-shop.
9.5. Compensation for Damages: In case of damage, the liable party shall compensate the other party for the incurred losses.
10. Sending Information (Notices)
10.1. Notices from Us: We will send all notices to the email address You provided in the registration form.
10.2. Notices from You: You will send all notices and questions to the E-shop’s email address: info@lamaisonestelle.nl.
11. Final Provisions
11.1. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the law of the Republic of Lithuania, supplemented by the mandatory consumer protection laws of the European Union, which include the rights of the consumer in the country of delivery (e.g., the Netherlands).
11.2. Dispute Resolution: All disputes arising out of the execution of these Terms shall be resolved by negotiation. If no agreement can be reached, disputes shall be settled in accordance with the procedure established by the laws of the Republic of Lithuania or through the relevant consumer dispute resolution bodies in the country of Your residence (e.g., the Netherlands).