TERMS AND CONDITIONS

OF

LC WAIKIKI RETAIL AL SH.P.K

1. GENERAL INFORMATION

1. Introduction

LC WAIKIKI Retail AL Sh.P.K., is a limited liability company, incorporated and operating under the laws of the Republic of Albania, registered in the trade registry with Unique Identification Number L01508008R, with legal seat located at the address “Rruga “Abdyl Frashëri, Ndërtesa 8, Hekla Center, Shkalla C, Njësia Bashkiake Nr. 5, Kodi Postar 1019, Tiranë” (hereinafter referred to as “LC Waikiki”, “We”, “Us”, “Seller”).

LC Waikiki has established and operates the official Website https://www.lcwaikiki.al (hereinafter the “Website” “Site”) with the aim of presenting and promoting its range of products as well as enabling the customers to purchase such products through electronic commerce (e-commerce).

        

LC Waikiki operates and performs its e-commerce activity also through the Mobile Application https://apps.apple.com/us/app/lc-waikiki-online-shopping/id6743737857 dhe https://play.google.com/store/apps/details?id=com.lcwaikiki.android.global (hereinafter the “Mobile App”). The Website and the Mobile App serves as an online sales platform through which the customers can browse, select and order LC Waikiki products in accordance with the terms set forth herein.

        

The Website is owned and managed by LC Waikiki Retail AL Sh.P.K.

The Mobile App is owned and technically operated by LC Waikiki Magazacilik Hizmetleri Ticaret Anonim Sirketi A.S., with legal seat located at the address: “15 TemmuzMah. Gulbahar Cad. No: 41 34212 Bagcilar – Istanbul, Turkey”, with registry number 357092 (“LC Waikiki Turkey”).

LC Waikiki Turkey is solely responsible for the technical operation, maintenance, hosting, infrastructure management and overall functioning of the Mobile App, while LC Waikiki remains exclusively responsible for the commercial relationship with the Customer, including the sale of products, order processing, delivery, returns, customer service, invoicing and any rights and obligations arising from the purchase of products through the Website and/or Mobile App.

No commercial or contractual relationship is created between the Customer and LC Waikiki Turkey. All sale contracts are concluded only between the Customer and LC Waikiki Albania.

These Terms & Conditions apply to your use of the LC Waikiki online shopping services, whether accessed through the LC Waikiki Website or the LC Waikiki Mobile Application.

Depending on the platform you use, specific provisions may apply:

• If you are using the Website, please refer to the Section II –Terms of Use of the Website;
• If you are using the Mobile App, please refer to the section III – Terms of Use of the Mobile App.

We believe in our philosophy that “everyone deserves to dress well” and therefore we want you to enjoy the affordable fashion of the LC Waikiki brand through quality products at affordable prices.

Please direct your questions to Customer Service at the following contact details:

Address: “Rruga “Abdyl Frashëri, Ndërtesa 8, Hekla Center, Shkalla C, NjësiaBashkiake Nr. 5, KodiPostar 1019”.

Phone Number: +355 44 10 46 10  

E-mail:         data.protection@lcwaikiki.com

Please direct any technical issues relating to the Mobile App to LC Waikiki Magazacilik Hizmetleri Ticaret Anonim Sirketi A.S.,

Phone Number: +90 (212) 657 55 55

E-mail: bteticaretyoneticileri@lcwaikiki.com

2. Usage Terms and Conditions

These Terms and Conditions govern the access to and use of the Website and Mobile App and constitute a legally binding contract between LC Waikiki and you, the individual, natural person, user (“Customer”, “You”) who access or uses the Website and the Mobile App (“Terms and Conditions”, “Contract”). By visiting or using the Website and/or Mobile App, you acknowledge that you have read, understood and agreed to be bound by these Terms & Conditions. If you do not agree with these Terms and Conditions please do not use this Website and/or Mobile App. Please read the following items containing general Website and Mobile App use terms and conditions.

LC Waikiki reserves the right to change and update the Terms and Conditions at any time without any prior notice. However, important amendments to these Terms and Conditions will be notified to you at the email address registered with your account. The most recent version of the Terms and Conditions will always be available on the Website and the Mobile App.

The version of the Terms and Conditions applicable to your order will be the version available on the Website and Mobile App at the time your order is placed, unless changes are required by law or a competent authority, in which case such changes may apply to previously placed orders as well.

3. Personal data processed through the Website and Mobile App

Any personal data and information provided or collected through the Website and/or the Mobile App shall be processed in accordance with the rules and principles set forth in the “Privacy Policy” (“Privacy Policy”) duly published in the Website and in the Mobile App and available also in the https://lcwaikiki.ba/en/static/privacynotice.

By using the Website and/or the Mobile App and providing your personal data, you acknowledge that you have read and understood these provisions and consent to the processing of your data in line with them. If you do not agree with the Privacy Policy please do not use this Website and/or the Mobile App.

4. Links to Other Websites

The Website and/or Mobile App may contain links to third-party websites or mobile app that are not controlled or operated by LC Waikiki. LC Waikiki makes no representation or warranty regarding the content, accuracy, legality or safety of such websites or mobile apps. The inclusion of any link does not imply endorsement, approval or association with the linked site. Links are provided solely for user convenience or informational purposes and users access them at their own risk. LC Waikiki shall not be liable for any loss or damage arising from the use of, or reliance on any third party Website or Mobile App.

5. Intellectual Property Rights

All copyright, registered trademarks and other intellectual property rights on all materials or contents, including, but not limited to, writings, graphics, visual images, photographs, text, data, images, logos, button symbols, databases, design, software, and other elements provided as part of the Website or Mobile App, belong to LC Waikiki or LC Waikiki Turkey, or third parties who have granted us the license for their use. You may use said material only to the extent that we or the usage licensers authorize expressly.

All information, visual images and content available on the Website and Mobile App may not be copied, reproduced, redistributed, reused, modified, or stored for future use, in whole or in part, without the prior written consent of LC Waikiki or LC Waikiki Turkey. This does not prevent you from using this Website and Mobile App to the extent necessary to copy the information on your order or contact details.

LC Waikiki and LC Waikiki Turkey reserves the right to take legal action against any unauthorized use or infringement of the latter intellectual property rights.

6. Discharge From Membership

If LC Waikiki or LC Waikiki Turkey determines that a User has violated the Terms & Conditions or receives complaints alleging such violations, it may, at its sole discretion, restrict or suspend the User’s access to the Website or Mobile App, or terminate the User’s account, without prior notice.

In connection with any liabilities arising from such violations, LC Waikiki and/or LC Waikiki Turkey reserve the right to seek compensation from the User for any claims, damages, or payments—including all ancillary obligations—that may be incurred by third parties and/or competent authorities as a result of the User’s actions.

LC Waikiki and/or LC Waikiki Turkey may, but are not obliged to, delete any or all information related to a terminated User account. The User shall have no right to claim compensation, indemnity, or any other form of remedy in relation to deleted or retained records. By using the Website and/or the Mobile App, the User expressly agrees and declares that it will not raise any claim for compensation, loss, or damages of any kind as a result of account termination and hereby irrevocably waives any rights it may have in this respect.

2. TERMS OF USE OF THE WEBSITE

The present Terms of Use of the Website (the “Website/Site Terms”) govern your access to and use of the LC Waikiki Website, as well as any order placed through the Website, regardless of the method of access or the technologies and devices used.

        

By accessing, browsing, registering or otherwise using the Site in any manner, and by placing an Order through the Website, you acknowledge that you have read, understood and agreed to be bound by these Site Terms.

Nothing in these Site Terms shall exclude or limit any liability that cannot be lawfully excluded or limited under applicable law.

Upon registration of an account on our Website, you will receive an electronic document sent to the email address you provided, containing the Terms and Conditions in force at the time of registration. We recommend that you print or save a copy of these Terms and Conditions for future reference.

Before placing any order in the Website pleasse read these Terms and Conditions carefully.

By accessing and using the Website and placing an order through the Website, you confirm that you have read, understood, and agreed to be fully bound by these Terms and Conditions and any other applicable policies referenced herein.

DEFINITIONS

Products	Clothing, shoes, accessories and all other fashion items described on our Website
User	Anyone who accesses our Website
Registered user	Any individual aged 18 years or over who registers an Account on the Website to place orders in the future.
Invited	Any individual aged 18 or over who visits the Website to place orders in the future.
Customer	Any individual aged 18 or over who places an Order on the Website and whose Order is accepted by LC Waikiki shall become a party to a distance sales contract, the object of which is the sale and purchase of LC Waikiki products.
Command	Material exposure of the will to purchase LC Waikiki products under these Terms and Conditions, using the electronic means available on the Website.
Account	The Private section of the Website has an e-mail address and password and is used by the Registered User to place an order. It contains various information about the Registered User and his activity on the site, either sent by the Registered User himself (personal data) or automatically registered by the Website (Order history, invoices, etc)
Newsletter	Commercial and advertising communication shared exclusively electronically and on a regular basis to the Registered User, subject to the Consent of the Registered User in this regard, without representing an offer from LC Waikiki.
Website	The online platform operated by LC Waikiki and accessible at https://www.lcwaikiki.al through which Users may browse products, create accounts and place orders.

1. Access to the Website

The Website is made available free of charge to all users with access to an internet connection.

LC Waikiki does not guarantee that the Website or any of its content will always be available or uninterrupted. We reserve the right to suspend, withdraw, discontinue or modify the Site, in whole or in part, at any time and without prior notice.

LC Waikiki shall not be liable to you for any unavailability of the Site, regardless of the duration for such interruption.

2. Website Content

All material and content available on the Website, including but not limited to photographs, images, graphics, designs, icons, videos, audio clips, texts, trademarks, logos and any other visual or written elements (the “Content”) are and shall remain the exclusive property of LC Waikiki or its licensors. Such materials are protected by copyright, trademark and other applicable intellectual property laws.

The Content of the Website is provided solely for your personal, non-commercial use. Downloading, copying, or otherwise saving any Content for personal purposes does not grant you any right of ownership or license to reproduce, distribute, modify, publicly display or otherwise use the Content for commercial or public purposes. Any unauthorized use, reproduction, distribution, or publication of the Content in whole or in part, without the prior written consent of LC Waikiki is strictly prohibited.

3. Use of the Website

You may use this Website solely for lawful, internal and personal purposes. You may use this Website to make enquiries and legally valid orders only.

You agree not to use the Website or any of its content:

• In any way that violates applicable national or international laws or regulations;
• In any way that infringes, restricts or interferes with the rights of others to use and enjoy the Website;
• For any commercial or business purpose;
• To transmit, send or upload any data, file or material containing viruses, hidden Trojan programs, worms, spyware, adware, or any other malicious code intended to adversely affect the operation of computer software or hardware;
• To transmit or facilitate the sending of any unsolicited or unauthorized advertising or promotional material or any other form of solicitation (spam);

You further agree

• Not to copy, reproduce, republish, download, print, post, broadcast, record, publicly communicate, sell or distribute in any way the pages, material, source code, or other elements of the Website, except for personal use and only with our prior written consent;
• Not to modify, alter, or remove any part of the Website’s content, including LC Waikiki trademarks or logos;
• Not to damage, disrupt, or compromise the security or integrity of any part of the Website, its content, or any related network or software;
• Not to submit, facilitate, or attempt to place any fraudulent Order through the Website.

LC Waikiki reserves the right to immediately restrict or terminate access to the Website, and/or to close the Account of any Registered User, if any of the above provisions are violated.

4. Content Accuracy

LC Waikiki makes all reasonable efforts to ensure that the content presented on the Website is accurate, complete and updated. However, LC Waikiki does not guarantee that the information available on the Website is free from errors or omissions.

The inclusion of any product on the Website at a particular time does not imply or warrant that such product will be available at any time. LC Waikiki reserves the right to modify, suspend, or discontinue the availability of any product at any time without prior notice.

To the extent permitted by applicable law, LC Waikiki disclaims all representations and warranties, expressed or implied, regarding the accuracy, completeness or reliability of the Website’s content.

In the event of any errors related to product description, pricing, or missing information, LC Waikiki reserves the right to correct such errors and if necessary, to cancel or modify affected orders, in compliance with applicable legal provisions.

LC Waikiki strives to accurately depict the colors of its products as displayed on the Website. Nevertheless, variations may occur due to differences in device screen settings or display technologies and LC Waikiki cannot be held responsible for such discrepancies.

5. Damage to your computer or other devices

LC Waikiki makes reasonable efforts to ensure that the Website is free from viruses and other harmful or malicious content. However, we cannot guarantee that your use of the Website or its Content will not result in any damage to your computer, device or data.

You are solely responsible for taking appropriate precautions to protect your devices, software and data while using the Website.

Unless otherwise required by applicable law, LC Waikiki shall not be liable for any loss, damage or expense arising from the presence of viruses, malware, or other harmful content obtained from or through the Website.

6. Links to other Sites

The Website may contain links to third-party Websites that are not under the control of LC Waikiki. These links are provided solely for your convenience of for informational purposes and should not be interpreted as an endorsement or approval by LC Waikiki of the linked sites.

LC Waikiki assumes no responsibility for the content, accuracy, or practices of any linked Websites and shall not be liable for any loss, damage or expense arising from your use of such sites.

7. Linking to our Site

You may link to the homepage of the Website without prior written consent, provided that you:

• Do so fairly and lawfully, from a Website that you own or control;
• Do not damage or take unfair advantage of the reputation of LC Waikiki;
• Do not imply any association, endorsement or approval by LC Waikiki unless such relationship exists;
• Ensure that the Website from which you link complies with these Terms of Use.

LC Waikiki reserves the right to revoke permission to link to the Website at any time, without prior notice.

8. Social Networking Sites

These Site Terms also apply to any content you post or share on third-party social networking Websites related to LC Waikiki, including but not limited to Facebook, Twitter, Pinterest, YouTube and other similar platforms.

All comments, images, videos and other similar materials you post must comply with these Site Terms, as well as with the terms and policies of the relevant social media platform.

9. Processing of Transaction and Orders on the Website and Possible Changes to the Site

LC Waikiki reserves the right to cancel, refuse or limit any order, in whole or in part, at its sole discretion and without the obligation to provide a reason. Such limitation may apply to orders that, in LC Waikiki’s reasonable judgment, appear to be placed by wholesalers, dealers, distributors, or any individuals purchasing products for the purpose of resale.

The limitation may also apply when multiple orders are placed from the same customer account, or using the same credit card, billing address, or delivery address, and indicate a commercial purchasing intent. In such cases, LC Waikiki may cancel the relevant orders, adjust the quantities or take other reasonable measures to prevent misuse of the Website and ensure fair access to products for individual consumers.  

LC Waikiki in its sole discretion has the right to make changes to the Website, to suspend the broadcasting via the Website or to modify its features at any time without prior notice.

3. TERMS OF USE OF THE MOBILE APP

The present Terms of Use of the Mobile Application (the “Mobile App Terms”) govern your access to and use of the LC Waikiki Mobile App, as well as any order placed through the Mobile App, regardless of the device or operating system used.

By downloading, installing, accessing, browsing, registering or otherwise using the Mobile App, and by placing an Order through the Mobile App, you acknowledge that you have read, understood and agreed to be bound by these Mobile App Terms.

Nothing in these Mobile App Terms shall exclude or limit any liability that cannot be lawfully excluded or limited under applicable law.

Upon establishment of an account in the Mobile App, you will receive an electronic document sent to the email address you provided, containing the Terms and Conditions in force at the time of registration. We recommend that you print or save a copy of these Terms and Conditions for future reference.

Before placing any order through the Mobile App, please read these Terms and Conditions carefully.

By accessing and using the Mobile App and placing an order through it, your confirm that you have read, understood, and agreed to be fully bound by these Terms and Conditions and any other applicable policies referenced herein.

DEFINITIONS

Products	Clothing, shoes, accessories and all other fashion items described on our MobileApp
User	Anyone who downloads, install or accesses Mobile App
Registered user	Any individual aged 18 years or over who registers an Account on the Mobile App to place orders in the future.
Guest User	Any individual aged 18 or over whom accesses the Mobile App and places order without registering an Account.
Customer	Any individual aged 18 or over who places an Order on the Mobile App and whose Order is accepted by LC Waikiki shall become a party to a distance sales contract, the object of which is the sale and purchase of LC Waikiki products.
Command	Material exposure of the will to purchase LC Waikiki products under these Terms and Conditions, using the electronic means available on the Mobile App.
Account	The personal profile created by the User within the Mobile App, protected by a unique e-mail and password, containing User information and order history.
Newsletter	Commercial and advertising communication shared exclusively electronically and on a regular basis to the Registered User, subject to the Consent of the Registered User in this regard, without representing an offer from LC Waikiki.
Mobile App	The LC Waikiki mobile application developed, owned and operated by LC Waikiki Turkey, through which Users may browse products, create accounts and place Orders.
App Store Providers	Apple Inc (for iOS) and Google LLC (for Android), which distribute the Mobile App.

1. License to use the Mobile App

LCW Waikiki is duly authorized and licensed by the owner of the Mobile App, namely, LCW Waikiki Turkey, to operate the Mobile App, perform e-commerce activities through it, and make it available to the users.

        

LC Waikiki grants you a limited, non-exclusive, non-transferable, revocable license to download, install and use the Mobile App on a mobile device that you own or control, solely for your personal, non-commercial use and subject to these Terms and Conditions.

You may not copy, reverse engineer, decompile, disassemble, modify, create derivative works, distribute, sublicense, rent, sell or otherwise transfer the Mobile App or any portion of it, except as expressly permitted by applicable law.

By using the Mobile App, you may grant permissions (e.g. location, camera, notifications) required for specific functionalities. You may manage these permissions at any time in your device settings.

LC Waikiki Turkey may provide updates, patches or new versions of the Mobile App. These may be installed automatically or may require your prior approval, depending on device settings.

The license remains in effect until terminated by you or LC Waikiki. Upon termination, you must cease using the Mobile App and delete all copies from your devices.

2. Access to the Mobile App

The Mobile App is made available free of charge for download from Apple App Store and Google Play Store. However, Users are responsible for any internet connections fees imposed by their mobile operators.

LC Waikiki Turkey does not guarantee that the Mobile App or its content will always be available or uninterrupted. LC Waikiki Turkey reserves the right to suspend, withdraw, discontinue or modify the Mobile App, in whole or in part, at any time and without prior notice.

LC Waikiki Tureky shall not be liable to you for any unavailability of the Mobile App, regardless of the duration for such interruption.

LC Waikiki Turkey may, from time to time, release updates or new versions of the Mobile App. Depending on your device settings, these updates may be installed automatically or may require manual approval.

3. Mobile App Content

All content available on the Mobile App, including but not limited to photographs, images, graphics, designs, icons, videos, audio clips, texts, trademarks, logos and any other visual or written elements and Mobile App software itself (the “Content”) are and shall remain the exclusive property of LC Waikiki Turkey or its licensors. Such materials are protected by copyright, trademark and other applicable intellectual property laws.

The Content of the Mobile App is provided solely for your personal, non-commercial use. Downloading, copying, or otherwise saving any Content for personal purposes does not grant you any right of ownership or license to reproduce, distribute, modify, publicly display or otherwise use the Content for commercial or public purposes. Any unauthorized use, reproduction, distribution, or publication of the Content in whole or in part, without the prior written consent of LC Waikiki Turkey is strictly prohibited.

You acknowledge that the layout, interface and functionality of the Mobile App may differ from the LC Waikiki Website. Mobile App specific features and content may also vary depending on device model, operating system version and regional availability.

4. Use of the Mobile App and Device Permission

You may use the Mobile App solely for lawful, internal and personal purposes and to place valid orders only.

You agree not to use the Mobile App or any of its content:

• In any way that violates applicable national or international laws or regulations;
• In any way that infringes, restricts or interferes with the rights of others to use and enjoy the Mobile App;
• For any commercial or business purpose;
• To transmit, store, share, upload or otherwise transmit any data, files or material containing viruses, hidden Trojan programs, worms, spyware, adware, or any other malicious code  capable of impairing the functionality, operation or security of the Mobile App, your device or any other system;
• To send, facilitate or participate in the sending of any unsolicited or unauthorized advertising or promotional material or any other form of solicitation (spam);

You further agree

• Not to copy, reproduce, republish, download, print, post, broadcast, record, publicly communicate, sell or distribute in any way the pages, material, source code, or other elements of the Mobile App, except for personal use and only with our prior written consent;
• Not to modify, alter, or remove any part of the Mobile App’s content, including LC Waikiki trademarks or logos;
• Not to damage, disrupt, or compromise the security or integrity of any part of the Mobile App, its content, or any related network or software;
• Not to submit, facilitate, or attempt to place any fraudulent Order through the Mobile App.

LC Waikiki or LC Waikiki Turkey reserves the right to immediately restrict or terminate access to the Mobile App, and/or to close the Account of any Registered User, if any of the above provisions are violated.

Depending on your chosen settings and the functionalities you use, the Mobile App may request permission to access:

• Camera (e.g., for scanning QR codes or uploading images);
• Photo Library (e.g., for submitting images to customer service);
• Location (e.g., for submitting images to customer service);
• Push notifications;
• Device Storage, for caching Mobile App data;
• Network and Wi-Fi information;

You may enable or disable these permissions at any time in your device settings. Please note that certain features of the Mobile App may not function properly without the required permissions.

5. Content Accuracy

LC Waikiki and LC Waikiki Turkey make all reasonable efforts to ensure that the content presented on the Mobile App is accurate, complete and updated. However, LC Waikiki does not guarantee that the information available on the Mobile App is free from errors or omissions. The Mobile App may show different layouts, images or formats depending on device type and LC Waikiki cannot guarantee identical display across all devices.

The inclusion of any product on the Mobile App at a particular time does not imply or warrant that such product will be available at any time. LC Waikiki reserves the right to modify, suspend, or discontinue the availability of any product at any time without prior notice.

To the extent permitted by applicable law, LC Waikiki disclaims all representations and warranties, expressed or implied, regarding the accuracy, completeness or reliability of the Mobile App’s content.

In the event of any errors related to product description, pricing, or missing information, LC Waikiki reserves the right to correct such errors and if necessary, to cancel or modify affected orders, in compliance with applicable legal provisions.

LC Waikiki strives to accurately depict the colors of its products as displayed on the Mobile App. Nevertheless, variations may occur due to differences in device screen settings or display technologies and LC Waikiki cannot be held responsible for such discrepancies.

 

6. Damage to your device

LC Waikiki Turkey makes reasonable efforts to ensure that the Mobile App is free from viruses and other harmful or malicious content. However, we cannot guarantee that your use of the Mobile App or its Content will not result in any damage to your device, software or data.

You are solely responsible for taking appropriate precautions to protect your devices, software and data while using the Mobile App.

Unless otherwise required by applicable law, LC Waikiki and LC Waikiki Turkey shall not be liable for any loss, damage or expense arising from the presence of viruses, malware, or other harmful content obtained from or through the Mobile App.

7. Links to other Sites

The Mobile App may contain links to third-party websites or applications that are not under the control of LC Waikiki. These links are provided solely for your convenience of for informational purposes and should not be interpreted as an endorsement, approval or sponsorship by LC Waikiki of the linked sites or applications.

LC Waikiki and LC Waikiki Turkey assumes no responsibility for the content, accuracy, or practices of any linked applications and shall not be liable for any loss, damage or expense arising from your use of such third-party or applications.

8. No Unauthorized Distribution or Linking

You may share or link to the official Mobile App through approved channels (such as app store links) without prior written consent, provided that you:

• Do so lawfully and accurately;
• Do not damage or take unfair advantage of the reputation of LC Waikiki or LC Waikiki Turkey;
• Do not imply any association, endorsement or approval by LC Waikiki or LC Waikiki Turkey unless such relationship exists;
• Ensure that any platform or content from which you share the link complies with applicable laws and these Mobile App Terms of Use.

LC Waikiki and LC Waikiki Turkey reserves the right to revoke any permission share or link to the Mobile App at any time, without prior notices.

9. Social Networking Sites

These Terms also apply to any content you post, transmit or share from the Mobile App to third-party social networking websites related to LC Waikiki, including but not limited to Facebook, Twitter, Pinterest, YouTube and other similar platforms.

All comments, images, videos and other similar materials you post must comply with these Terms, as well as with the terms and policies of the relevant social media platform.

LC Waikiki and/or LC Waikiki Turkey reserve the right to take appropriate actions, including removal of content, suspension or restriction of your Mobile App account, if such content violates the Terms or applicable laws.

10. Processing of Transaction and Orders and Possible Changes to the Mobile App.

LC Waikiki reserves the right to cancel, refuse or limit any order, in whole or in part, at its sole discretion and without the obligation to provide a reason. Such limitation may apply to orders that, in LC Waikiki’s reasonable judgment, appear to be placed by wholesalers, dealers, distributors, or any individuals purchasing products for the purpose of resale.

The limitation may also apply when multiple orders are placed from the same customer account, or using the same credit card, billing address, or delivery address, and indicate a commercial purchasing intent. In such cases, LC Waikiki may cancel the relevant orders, adjust the quantities or take other reasonable measures to prevent misuse of the Mobile App and ensure fair access to products for individual consumers.  

LC Waikiki Turkey in its sole discretion has the right to make changes to the Mobile App, to suspend its availability or to modify its features at any time without prior notice.

4. TERMS OF SALE

These Terms of Sale (the “Terms of Sale”) apply to any Order placed on the Website or the Mobile App regardless of the method or device used to access the Website or the Mobile App.

Before placing an Order, you should read this Term Sale carefully. By placing an Order through the Website or the Mobile App, you acknowledge that you have read, understood and agree to be fully bound by these Terms of Sale.

If you do not agree to these Terms of Sale in their entirety, you must not place any Order through the Website or the Mobile App.

1. Parties to the Distance Selling Contract

These Terms of Sale govern the distance sales contract concluded between LC Waikiki Retail Albania Sh.p.k., in the capacity of the Seller and the Customer who places an order for LC Waikiki products through the official Website or the Mobile App.

To place an order through the Website or the Mobile App, the Customer must be a natural person who is at least 18 years and acts for personal, non-commercial and non-professional purposes.

Individuals under the age of 18 or those acting for commercial or professional purposes are not eligible to place orders through the Website or the Mobile App.

2. Registering an Account/Guest

To place an Order, you may either create a personal Account on the Website or the Mobile App or place your Order as a Guest without registering. You may also choose to register an Account after completing your Guest Order.

When registering an Account, you are required to provide accurate, complete and updated personal information. You may review and update your details at any time by accessing your Account settings.

Please refer to our Privacy Policy for detailed information on how your personal data is collected, used, stored and protected.

If you place an Order as a Guest, you will still be asked to provide the personal information necessary for processing and billing purposes. LC Waikiki will retain and process this data only for as long as required to complete your Order and comply with applicable legal obligations, unless you consent to receive our newsletter or create an Account.

3. Account Security

When creating an Account on the Website or the Mobile App, you must choose a unique and secure password. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities carried out through your Account.

LC Waikiki shall not be held liable for any loss or damages arising from your failure to keep your Account or password secure.

Your Account data may be stored on servers located outside the country in which you reside, to allow access to your Account on LC Waikiki Website and/or Mobile App in different jurisdictions. Such transfer shall be carried out in accordance with applicable data protection laws and Privacy Policy.

If you suspect any unauthorized access or use of your Account, you must notify LC Waikiki immediately.

4. Ordering and Placing an Order

All Orders are subject to our acceptance and product availability. Please note that items placed in your shopping cart on the Website or the Mobile App are not reserved and may be purchased by other customers until your Order is confirmed.

1. Product availability and Order

• Products shown on the Website or Mobile App are not a binding offer; they are just an invitation to make an offer.
• The customer’s act of placing an order for the products duly added to the virtual shopping cart is considered the offer.
• The contract is not concluded until LC Waikiki accepts the offer (See Point 5 below).

2. Steps for Ordering

• Choose the product, select the color and the size and then add to your virtual shopping cart.
• Adding to cart does not reserve the item.
• Review the cart, enter the delivery and billing information, choose payment method and confirm the order.
• By confirming the Order the customer accepts the Terms and Conditions applicable at that time.
• If you have chosen payment by card, you will be asked to make the payment.
• If payment is authorized, you will receive an automatic confirmation email of the Order to the email address you provided.
• This confirmation does not mean acceptance and confirmation of the Order, it only acknowledges that LC Waikiki received it.
• If you have chosen the payment by any other method, you will receive an automatic confirmation email for receiving the Order to the e-mail address you have submitted. This confirmation does not mean that LC Waikiki confirms or accepts the Order.  
• All orders you place on the Website or Mobile App will be subject to our acceptance in accordance with point 5 below.

3. Availability and Refunds

• If the product is unavailable, LC Waikiki will notify the customer and will not accept the Order.
• If the payment has been made, LC Waikiki will refund using the same payment method and notify by e-mail when completed.

4. CASH on Delivery restriction

If a customer has over 20 orders in the last 6 months that are “Not Delivered”, “Return Request Created”, or “Fully Returned”, their ability to use Cash on Delivery will be blocked.

5. Acceptance of the Order and Conclusion of the Distance Selling Contract

1. When the Contract is Concluded

The distance selling contract is concluded and the Order is confirmed only when the customer receives a confirmation email stating that LC Waikiki has accepted and processed the order for shipment.

2. LC Waikiki’s Right to Refuse

We reserve the right to remove any product from the Website or Mobile App at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the confirmation email as per Point 5 (a) above. We reserve the right to do so at any time.

We shall not be liable to you or to any third party for removing any product from this Website or Mobile App, or for removing or modifying any material or content from the Website or the Mobile App or not processing an order prior to the confirmation email.

3. Confirmation Email Content

The email accepting and confirming your Order includes:

• Products ordered;
• Contract price;
• Payment method;
• Delivery method;

4. Contract Duration:

The contract is for a fixed term. It ends once both parties have fulfilled their obligations under these Terms and Conditions.

6. Product Information

1. Product description and color

Products pages on the Website and the Mobile App provide a description of the main characteristics of each Product. LC Waikiki takes reasonable steps to ensure that all Products are accurately described.

LC Waikiki endeavors to display the colors of products on the Website and Mobile App as accurately as possible. However, the Company makes no representation or warranty that the colors displayed on your screen will exactly match the actual product. Variations in color may occur due to monitor settings, screen quality, lightning conditions, or the device used to view the Website or the Mobile App. LC Waikiki shall not be liable for any such differences.  

1. Product availability

The majority of products offered on-line are also available in the stores operated by LC Waikiki Retail Albania Sh.p.k. Certain products may, however, be offered exclusively on-line through the Website or Mobile App and may not be available in physical stores. LC Waikiki makes no representation or guarantee as to the continuous availability of the product.

If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price displayed on-line, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible and will incur no further liability to you.

2. Price

The price of the products will be stipulated always on our Website and Mobile App, except in case of an obvious error.

All prices displayed on the Website include VAT. Delivery fees and bank charges, if applicable, will be added to the final price. Therefore, the total amount you will pay will consist of: Product Price + Delivery Fees (if applicable) + Bank Fees (if applicable).

Prices and offers may change and are available for limited periods. The changes of prices and offers shall not affect the Orders for which we have sent an Email Confirmation. All prices and offers are subject to availability and may be withdrawn or modified at the discretion of LC Waikiki. Prices displayed online may differ from prices in physical stores. Online offers apply only to internet transactions and may not be available in stores. Likewise, temporary or local store promotions do not apply to online prices unless explicitly stated.

LC Waikiki takes reasonable precautions to ensure that all products are offered at correct prices. However, errors may occur. In the event that a Product is listed at an incorrect price, LC Waikiki will inform you as soon as possible. You will then have the option to confirm your order at the correct price or cancel it.

LC Waikiki shall not be responsible for any discrepancies between prices displayed on the Website or Mobile App and prices in physical stores. The prices indicated on the “Order Summary Page” at the time of the order placement shall constitute the sole binding prices for such orders. All prices are subject to change without prior notice.

3. Product Information and Errors

While LC Waikiki endeavors to provide accurate and complete product information, errors, omission, or inaccuracies may occur, including but not limited to product descriptions, pricing or images. LC Waikiki reserves the right in its sole discretion and in compliance with applicable Albanian Law, to correct any of such errors, modify product information or cancel or amend orders at any time.

4. Limitation of Liability

LC Waikiki shall not be liable for any loss or damage arising from errors in product information, price discrepancies, and availability of products or changes to orders. Customers acknowledge and accept that the Website and the Mobile App may contain occasional inaccuracies and that LC Waikiki’s liability in such cases is limited to the correction of the error or where applicable, cancellation of the order.

7. Payment Methods

1. Credit or Debit Card

By entering your card details when placing your Order, you confirm that the credit or debit card used belongs to you. All mandatory fields must be completed accurately.

The corresponding amount will be charged immediately to your card once the Order is placed.

The LC Waikiki reserves the right to verify:

• The validity of the credit or debit card.
• The available credit in relation to the value of the Order.
• The accuracy of the customer’s billing and address details.

Orders may be refused if any irregularities or issues are identified during these checks.

In cases where payment is made online, any bank charges or fees (including transfer or currency exchange costs) will be borne by you. For details on applicable fees, please contact your issuing bank in advance.

2. Payment on Delivery

If you choose Payment on Delivery, payment is made directly to the courier upon delivery of the package containing your Ordered Products and the fiscal invoice.

Depending on courier availability, you may choose to pay in cash or by debit/credit card through a licensed and authorized POS, on the day of delivery.

8. LCW MONEY

LCW Money is an alternative payment method. Thus, if you make a return, you can choose to refund the value of the product or products, not to your bank account but in LCW money. This new option at the client account allows for keeping money resulting from refunds, to use it for subsequent purchases.

Thus, LCW money consists of the balance defined in the user account, depending on the preference, for the return of purchases made with payment on delivery. LCW money is identified in your account after the return of the product is accepted. LCW money in the account will be deducted from the total value of the next order.

At the same time, you can transfer the amounts from LCW Money at any time to your account by bank transfer/EFT. It takes an average of 5-7 business days for LCW money to be reflected in your account.

Payment with LCW Money is available to users who have an account registered in the Website/Mobile App and who have made at least one order with cash payment on delivery. This option is not available for customers who have made payments by card.

If the LCW Money balance does not cover the value of the products in the cart, you can choose to pay the difference in cash or by debit/credit card.

Disclaimer: Selecting a refund in LCW Money means the refunded amount will be credited as store credit in your LC Waikiki account. LCW Money is not a payment instrument or electronic money and can only be used for purchases on the LC Waikiki online store.

9. Delivery, Reception, Transfer of Risks and Ownership

Delivery of the Products is carried out by courier companies contracted by LC Waikiki.

1. Delivery Time and Fees

Delivery fees and estimated delivery time vary depending on the delivery address and the type of products ordered.

Details regarding shipping costs, delivery time and any free-delivery promotions will be displayed on the Website and/or Mobile App before the completion of your Order. If no delivery time is specified, the delivery shall take place within a maximum period of 30 days from the date of the Confirmation Email.

If the delivery is delayed due to circumstances beyond our control (such as weather conditions, transport delays, or force majeure events), you will be informed as soon as possible.

In such cases, you are entitled to continue with the purchase, or establish a new delivery date or cancel the Order and receive a full refund of any amount already paid.

2. Checking the products upon Delivery

You are required to check the condition of the package upon receipt.

If the packaging is damaged or shows signs of tampering, you are not obliged to accept the delivery and should immediately inform LC Waikiki Customer Service.

3. Transfer of Risk and Ownership

All risks related to the Products (including the risk of loss or damage) shall pass to you only when you, or a person authorized by you, physically receive the Products.

Ownership of the Products shall be transferred to you only after the full payment has been received including in cases where payment is made by the “CASH on Delivery” method.

4. Liability for Delays

LC Waikiki shall not be held liable for any delay or failure in delivery caused by circumstances beyond its reasonable control.

Nevertheless, LC Waikiki will take all reasonable steps to complete the delivery as soon as practicable and will keep you informed of any substantial delays.

10. Return of Defective or Non-Conforming Products

If you think that at the moment of delivery the product is defective or does not comply with your Order, you must inform Us in writing immediately or within 10 (ten) days from the date you noticed the issue. LC Waikiki will confirm the receipt of the notification within 3 working days and guide you through the return process.

We will carefully examine the returned product and in case it is Defective or Non-Conforming, you are entitled free of charge, to one of the following options:

1. Repair or replacement of the product with a compliant one;
2. A proportional price reduction;
3. Cancellation of the purchase and a full refund.

LC Waikiki will first seek to repair or replace the product at no additional cost to you, covering all necessary delivery, labor and material expenses. The repair or replacement will be completed within a reasonable time, but not later than 30 (thirty) calendar days, taking into account the nature and intended use of the product.

In case the repair or replacement is not possible or if it cannot be completed within the indicated timeframe, you are entitled and may choose to receive a partial refund corresponding to the reduction in value, or cancel the purchase and receive a full refund.

Please note that you are not entitled to cancel the purchase if the defect or non-conformity is minor and does not significantly affect the use or value of the product.

For more information about warranty conditions, please refer to the warranty certificate included with the product, where applicable.

11. The Right of Withdrawal

The customer is entitled to withdraw from the purchase and return the products without giving any reason, within 14 (fourteen) calendar days from the date the customer receives the Order.

The customer may exercise the right to withdraw by notifying LC Waikiki in writing or electronically on the decision to withdraw. LC Waikiki will confirm the receipt of the customer notification without delay and provide guidance on returning the product.

Effects of Withdrawal:

1. LC Waikiki will refund the customer all payments received, including delivery costs where applicable (excluding additional costs resulting from the choice of a particular type of delivery other than the least expensive type of delivery provided by us), within 14 days from the date of the notification of the withdrawal;
2. Refunds will be made using the same payment method that the customer has used for the purchase, unless the customer agree otherwise;
3. The Customer shall bear all costs of returning the product.
4. LC Waikiki may withhold the refund until we have received the goods back or you have supplied evidence of having sent back the goods.

Exceptions to the right of withdrawal:

The Customer cannot exercise the right of withdrawal for:

1. Customized goods,
2. Sealed goods that cannot be returned for health or hygiene reasons, once unsealed;
3. Goods that are liable to deteriorate or expire quickly;
4. Goods that are inseparably mixed with other items after delivery.

Your right to withdraw from the Contract shall apply exclusively to the products that are returned in the same conditions in which you have received them. No refund will be made if the products have been used once it has been opened, for products that are not in the same conditions as when they were delivered or if they have been damaged, so take care of the product (s) while in your possession. Please return the products using or including all their original packaging, instruction and other documents, if any, accompanying the products. In any case you must send the products to be returned together with the receipt that you have received when the product was delivered. You are responsible for any reduction in value of the products resulting from handling them beyond what is necessary to establish their nature, characteristics, and functioning.

Model form:

The customer may use the withdrawal form provided in the https://lcwaikiki.ba/en/static/conditionsofuse or any other statement containing the same information.

12. Legal Guarantee for Conformity

LC Waikiki is responsible for any non-conformity of the products detected within 2 (two) years from the date of delivery. Under this guarantee, LC Waikiki will at no additional cost to you, repair, replace or refund the product to ensure it complies with the Order.

The legal guarantee applies only to defects of conformity existing at the time of delivery of the product. It does not cover damage or deterioration caused by normal wear and tear, improper use, washing, or failure to follow the care instructions indicated on the product label.

13. Liability

LC Waikiki is responsible for losses that are the foreseeable result of a breach of these Terms and Conditions. We are not liable if we are prevented or delayed in fulfilling our obligations due to actions or omissions by the customer or anyone acting on behalf of the customer, or due to events beyond our reasonable control. Unless otherwise indicated expressly in these Terms and Conditions and to the extent legally allowed, our liability regarding any product acquired on the Website and Mobile App shall be limited strictly to the price of purchase of the said product.

Nothing in these Terms and Conditions shall limit or exclude LC Waikiki’s liability for (i) death or personal injury caused by our negligence, (ii) fraud, (iii) breach of obligations imposed by applicable mandatory laws, or (iv) liability that cannot be excluded by law.

The customer must follow any instruction or guidance to ensure the safe use of the Products, including the product manuals or user guides supplied with the Products. LC Waikiki cannot be held responsible for any damage caused to the Products due to failure to follow these instructions or recommendations.

All product description, information and materials displayed on this Website or Mobile App are provided “as is”, without any express or implied warranties, except for those established by law. If you are contracting as a consumer or user, we are obliged to deliver goods that conform to the Contract and we remain liable for any lack of conformity existing at the time of delivery.

Goods shall be considered to conform to the Contract if they:

1. Match the description provided by us and possess the qualities presented on this Website or Mobile Application;
2. Are fit for the purposes for which goods of the same type are normally used;
3. Exhibit the quality and performance that are typical of goods of the same kind and that can reasonably be expected;

To the extent permitted by law, we disclaim all warranties, except those that cannot be lawfully excluded.

14. Communications

All communications between you and LC Waikiki, including notices, requests and complaints will primarily be conducted electronically, via e-mail or through notices published on the Website or Mobile App.

By accessing the Website and/or Mobile App and placing Orders, you agree to this method of communication and acknowledge that any agreements, notices, information or other communications provided by LC Waikiki in electronic format are in a form that can be saved and printed and therefore fulfill any legal requirement for written communication.

15. Complaints

If you wish to submit a complaint, please send an email to albania@lcwaikiki.com, including the following information:

1. Date of purchase;
2. Order reference number (if applicable);
3. Your full name, address and contact details.

We will respond to your complaint by email within 30 business days or in compliance with the terms provided herein this Term and Conditions, with an official answer or proposed solution.

If you are not satisfied with our response, you have the right to submit your complaint to Consumer Protection Agency with the following contact details:

Address: “Murat Toptani Street, 1001, Ndërtesa 12, Kati 2, Tiranë, Shqipëri”;

Phone: 04 227 4774

Email: konsumatori@tirana.al

16. Force Majeure

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Contract when caused by events that are beyond our reasonable control (“Force Majeure”).

Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including among others, the following:

1. Strike, lockout or other forms of protest;
2. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
3. Fire, explosions, storm, flood, earthquake, collapse, epidemic, pandemic or any other disaster;
4. Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private;
5. Inability to use public or private telecommunication systems;
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority;
7. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from the Contract are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfill our obligations by virtue of the Contract despite the situation of Force Majeure.  

17. Governing Law Jurisdiction

These Terms and Conditions are governed by and construed in accordance with Albanian law.

Any dispute or disagreement arising from the application or interpretation of these Terms and Conditions, that cannot be resolved amicably, will be subject to the exclusive jurisdiction of Albanian competent court.

18. Miscellaneous

You may not transfer or subcontract any of your rights or obligations under these Terms and Conditions to any third party without our prior consent.

We may transfer, subcontract or assign any of our rights or obligations under these Terms and Conditions to a third party at our sole discretion, provided that such party ensures the same level of warranty and liability to you.

No delay or failure in exercising any right or remedy under these Terms and Conditions shall constitute a waiver of that right or remedy, nor shall it affect our ability to exercise it later. Any waiver must be made in writing and agreed by us.

If any provision of these Terms and Conditions is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue to apply in full force and effect.

19. Your Opinions

LC Waikiki remains always open to customer’s valuable opinions and feedback about our Website. You can contact us at any time with your comments or suggestions using the contact details provided Point 1 of General Terms and Conditions.

STANDARD FORM OF WITHDRAW FROM THE CONTRACT

 (complete this form in case you wish to withdraw from the contract)

To:  LC WAIKIKI Retail AL Sh.p.k. L01508008R “Rruga Abdyl Frashëri”, Ndërtesa 8

Hekla Center, Shkalla C, Njësia ashkiake Nr. 5, Kodi Postar 1019 Tiranë”

I, ______ _______, through this written form, notify the withdrawal from the sale-purchase contract for the following products:

1. __________;
2. __________;

The products are ordered on __________________.

The products are handed over via _____________.

_______________

The name of the customer

________________

The address of the customer

________________

The signature of the customer in case of hard copy notification

________________

Date