General terms and conditions
Table of Contents
- Article 1 - Definitions
- Article 2 - Who are we
- Article 3 - Applicability
- Article 4 - The offer
- Article 5 - The agreement
- Article 6 - Right of withdrawal
- Article 7 - Costs in case of withdrawal
- Article 8 - Exclusion of the right of withdrawal
- Article 9 - The price
- Article 10 - Conformity and warranty
- Article 11 - Delivery and execution
- Article 12 - Payment
- Article 13 - Complaints procedure
- Article 14 - Disputes
- Article 15 - Additional or deviating provisions
- Article 16 - Safe use and allergies
- Article 17 - LAKKIE Rewards (loyalty program)
- Article 18 - Amendments to the terms and conditions
Article 1 - Definitions
To keep things clear, we explain a few terms here that you will frequently encounter in these general terms and conditions:
1. Cooling-off period: the period during which you can exercise your right of withdrawal;
2. Consumer: That is you, if you buy something without acting in the course of a profession or business, and enter into a distance contract with LAKKIE Gellak
3. Day: calendar day;
4. Duration transaction: A distance contract regarding a series of products and/or services, where the obligation to supply and/or purchase is spread over a period of time
5. Durable medium: Any instrument which enables you or LAKKIE Gellak to store information, such as an email or chat message
6. Right of withdrawal: Your right to cancel the purchase within the cooling-off period.
7. Model form: The online withdrawal tool on the LAKKIE Gellak website with which you can exercise your right of withdrawal.
8. Entrepreneur: That is LAKKIE Gellak
9. Distance contract: A purchase you make online with us via the webshop
10. Technology for distance communication: Means of communication or placing an order without physical contact, such as email, chat, or an order via the webshop
11. General Terms and Conditions: These rules, which apply when you make a purchase at LAKKIE Gellak
Article 2 - Identity of the entrepreneur
Trade name: LAKKIE Gellak
Website: https://lakkiegellak.nl
Email: info@lakkiegellak.nl
Chamber of Commerce (KvK) number: 86760068
VAT identification number: NL004314034B54
Business address: Posthoornstraat 11
3011WD Rotterdam
Article 3 - Applicability
1. These general terms and conditions apply to every offer from LAKKIE Gellak and to every order or distance contract concluded between you and LAKKIE Gellak.
2. Before you enter into an agreement with LAKKIE Gellak, we ensure that you can read the general terms and conditions. If that is not possible, we will let you know where you can find them. Upon request, we will also send them to you free of charge.
3. If you place your order online, LAKKIE Gellak ensures that you can easily save the general terms and conditions (for example, as a PDF). If that is not possible, we will let you know where you can find them online or send them upon request.
4 If other terms and conditions apply in addition to these general terms and conditions (for example, for specific products or services), you can always rely on the provisions that are most favorable to you.
5. If any part of these terms and conditions appears to be invalid, the rest of the terms and conditions will remain in full force. We will adjust the relevant part in consultation, so that it aligns as much as possible with the original intention.
6. Situations not explicitly covered in these general terms and conditions will be assessed by LAKKIE Gellak "in the spirit" of these terms.
7. If there is ambiguity regarding a rule in these terms, LAKKIE Gellak will interpret it in a way that aligns with the intention of the terms.
Article 4 - The offer
1. If an offer has a limited period of validity or is subject to certain conditions, this will be clearly stated.
2. The offer is non-binding. LAKKIE Gellak can always adjust or change the offer.
3. Every offer contains a clear and complete description of the products and/or services. This allows you to properly assess what you are buying. If images are used, we try to show as accurately as possible what you can expect. However, obvious errors or mistakes are not binding on LAKKIE Gellak.
4. All images and specifications are intended as an indication. You cannot derive any rights or claim damages from them.
5. We do our best to display the colors of the products as accurately as possible. However, it may happen that the colors on your screen deviate slightly from the actual colors.
6. Every offer contains all the information you need to know where you stand. This includes:
- The price including VAT;
- Any shipping costs;
- How the agreement is concluded and which steps are required for this;
- Whether the right of withdrawal applies;
- How you can pay, how the products are delivered, and how the agreement is executed;
- Any extra costs for communication (if applicable);
- Whether you can view the agreement after concluding it and how you can do that;
- How you can check and adjust your data before placing the order;
- In which other languages, besides Dutch, the agreement can be concluded;
- Whether codes of conduct apply and where you can view them;
- The minimum duration of the agreement, in case of a duration transaction.
Article 5 - The agreement
1. The agreement between you and LAKKIE Gellak is final once you accept the offer and meet the conditions set, unless otherwise stated in paragraph 4.
2. If you accept the offer online, you will receive immediate confirmation from LAKKIE Gellak by email. Please note: this email may end up in your spam folder, and the information you entered must be correct. As long as you have not received this confirmation, you can still cancel the agreement.
3. For online orders, LAKKIE Gellak ensures your data is processed securely. We use appropriate technical and organizational measures for this and provide a secure web environment. For electronic payments, we take extra security measures.
4. LAKKIE Gellak may check if you can meet your payment obligations. This is done within legal frameworks. If there are good reasons to refuse an order or set additional conditions, LAKKIE Gellak may do so.
5. With your order, you will receive all important information, such as:
- The address where you can go with complaints;
- How you can exercise your right of withdrawal (or a notice if this does not apply);
- Information about warranties and any service after purchase;
- The details mentioned in Article 4 paragraph 3 (unless you have already received them);
- The conditions for cancellation if the agreement lasts longer than a year or is for an indefinite period.
6. For a duration transaction, the above only applies to the first delivery.
7. Every agreement is entered into under the condition that the products are in stock.
Article 6 - Right of withdrawal
1. When purchasing products, you have the right to cancel the agreement within 14 days without giving reasons. This cooling-off period starts on the day after you, or a person designated by you, have received the product.
2. During the cooling-off period, we ask you to handle the product and the packaging with care. You may only unpack or use the product to the extent necessary to assess whether you want to keep it. If you decide to exercise your right of withdrawal, you must return the product with all delivered accessories, and if reasonably possible, in the original condition and packaging to LAKKIE Gellak. Follow the instructions we provide for this.
3. If you want to exercise your right of withdrawal, report this within 14 days after receiving the product via the 'Cancel order' page on our website. After this notification, you have another 14 days to return the product.
Always keep a proof of shipment so you can demonstrate that you sent the product back on time.
4. Once we have received and checked your returned products and they are in good condition, you will receive the full amount back into the account you used for payment within 14 days. Did you choose AfterPay or Klarna? Then the amount will be settled with the outstanding balance.
5. If you have not exercised your right of withdrawal after the mentioned terms (in paragraphs 2 and 3) or have not returned the product, the purchase is final.
Article 7 - Costs in case of withdrawal
1. If you exercise your right of withdrawal, the costs for returning the product are at your own expense.
2. Have you already paid? Then you will receive the full amount back as soon as possible, but no later than 14 days after your notification of withdrawal. We will pay you back once we have received the product or you have demonstrated that you have returned it (e.g., with a proof of shipment). Refunds are made via the same payment method you used, and will be deposited back to the same account.
3. If the product is damaged due to careless use, we can charge a depreciation in value.
4. You are not liable for depreciation of the product if LAKKIE Gellak has not provided you with all legally required information about the right of withdrawal in advance.
Article 8 - Exclusion of the right of withdrawal
1. In some cases, the right of withdrawal cannot be applied. This only applies to specific products and services as described below. LAKKIE Gellak always clearly states this with the offer, so that you know this before making a purchase.
2. The right of withdrawal is excluded for products:
- That have been specially created for you or adapted to your wishes;
- That have a clearly personal character;
- That cannot be returned due to their nature;
- That spoil quickly or have a limited shelf life;
- Whose price depends on fluctuations in the financial market, over which LAKKIE Gellak has no influence;
- That cannot be returned for hygienic reasons and of which the seal has been broken (e.g., opened gel polish bottles).
3. For services, the right of withdrawal is excluded if:
- The service has started with your express consent before the cooling-off period has expired;
- It concerns giveaways/competitions
Article 9 - The price
1. The prices of our products and services remain the same during the stated validity period in the offer, unless there are changes in VAT rates.
2. For products or services that depend on fluctuations in the financial market and over which LAKKIE Gellak has no influence, we may use variable prices. If this is the case, we will clearly state this in the offer and indicate that the prices are guide prices.
3. Price increases within 3 months after concluding the agreement are only permitted if this is due to legal regulations or provisions.
4. Price increases from 3 months after concluding the agreement are only permitted if:
- They are the result of legal regulations or provisions; or
- You have the option to cancel the agreement from the day the price increase takes effect.
5. All stated prices include VAT.
6. We do our best to list all prices correctly, but it may happen that a printing or typographical error occurs. In that case, LAKKIE Gellak is not obliged to deliver the product at the incorrect price.
7. If you use a discount code, it only applies as stated in the discount code's terms. Discount codes are not exchangeable for cash and cannot be combined with other promotions or discounts, unless otherwise indicated.
Article 10 - Conformity and warranty
1. LAKKIE Gellak guarantees that the products and/or services meet the description in the offer, the reasonable requirements of quality and usability, and the legal regulations that apply at the time of purchase. If we agree on something else with you, we ensure that the product is also suitable for that specific use.
2. The warranty provided by LAKKIE Gellak, the manufacturer, or the importer does not affect your legal rights as a consumer.
3. If a product shows defects or has been delivered incorrectly, please let us know within 14 days after delivery. Ensure that you return the product to us in the original packaging and in good condition.
4. The warranty period of LAKKIE Gellak corresponds to the manufacturer's warranty period. However, LAKKIE Gellak is not responsible for how the product is used in specific situations, nor for advice on its use or application.
5. The warranty does not apply if:
- You have repaired or modified the product yourself, or had it processed by someone else;
- The product has been exposed to unusual circumstances or handled carelessly, or if the instructions from LAKKIE Gellak or the packaging have not been followed;
- The problem is (partially) due to government regulations regarding the quality or nature of the materials used.
6. The durability of a manicure with products from LAKKIE Gellak can vary per person and depends on multiple factors, including but not limited to:
- the preparation of the natural nail,
- the method of application,
- the UV/LED lamp used,
- the curing times maintained,
- the nail type,
- daily stress on the hands,
- and following the instructions for use.
Any stated wearing time on the website, social media, or product pages concerns an average indication based on correct use and does not constitute a warranty for an exact duration per user. Usage results can therefore differ per person. Complaints about the durability or adhesion of the product do not automatically entitle you to a refund, replacement, or compensation, unless there is a demonstrable defect or a proven manufacturing error.
Article 11 - Delivery and execution
1. LAKKIE Gellak does everything possible to process and execute your order as quickly as possible. For the processing and shipping of orders, we work together with the fulfillment center Monta Waspik.
2. The address you have provided to us is considered the place where we deliver your order.
3. We strive to execute your order as quickly as possible, but in any case within 30 days, unless you have agreed to a longer delivery time. If the delivery is delayed, or if an order cannot be (fully) executed, we will let you know within 30 days. In that case, you may cancel the order free of charge. Unfortunately, we cannot offer compensation in case of delay.
4. Delivery times are always an indication. You cannot derive any rights from them. If a delivery takes longer than expected, this does not give the right to compensation.
5. If you cancel the order due to a delay (as described in paragraph 3), we will refund the full amount you paid as soon as possible, but no later than 14 days after cancellation.
6. If it is not possible to deliver a product, we try to offer a replacement article. We will report this clearly and understandably upon delivery. For a replacement article, your right of withdrawal remains valid.
7. The risk of damage or loss of products lies with LAKKIE Gellak until the moment you have received the order, or until the moment a representative designated by you takes receipt of the product on your behalf, unless otherwise agreed.
8. Returns are processed via our fulfillment center Monta Waspik. If you want to exercise your right of withdrawal, first report this via the 'Cancel order' page on our website. After receiving your request, you will receive further instructions for returning your order.
9. If your order is lost or damaged during transport, please contact LAKKIE Gellak within 7 days of receipt (or the expected delivery date). We will then initiate an investigation with the carrier. Only after the investigation has been completed will we determine an appropriate solution, such as resending the products or a refund. In the event of damage, please keep the packaging material and take clear photos to support the investigation.
Article 12 - Payment
1. Unless otherwise agreed, you must pay the amount due within 7 working days after the commencement of the reflection period (as described in Article 6, paragraph 1).
2. Always check your payment details. If something is incorrect, please let us know as soon as possible so we can correct it.
3. If you do not pay on time, LAKKIE Gellak has the right to charge you reasonable costs. We will always inform you of these costs in advance, within legal limits.
Article 13 - Complaints Procedure
1. LAKKIE Gellak has a clear complaints procedure and handles every complaint according to these guidelines.
2. If you have a complaint about the execution of the agreement, please let us know within 14 days of discovering the problem. Describe your complaint clearly and completely so that we can help you effectively.
3. We will respond within 14 days of receiving your complaint. If it takes more time to process your complaint, we will let you know within those same 14 days. We will also provide an indication of when you can expect a more detailed response.
4. If we cannot reach a solution together, the dispute may be submitted to a dispute resolution body.
6. Filing a complaint does not suspend the obligations of LAKKIE Gellak, unless we have agreed otherwise in writing.
7. If your complaint is found to be justified, LAKKIE Gellak will work with the customer to reach an appropriate solution.
Article 14 - Disputes
1. All agreements between you and LAKKIE Gellak to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if you reside abroad.
2. If you live in another EU country, you remain protected by the mandatory consumer legislation of your own country.
3. The Vienna Sales Convention (CISG) does not apply to our agreements.
Article 15 - Additional or deviating provisions
Additional agreements or deviations from these general terms and conditions may never be to your disadvantage. These agreements will always be recorded in writing or in a way that you can easily save, for example as an email or PDF.
Article 16 - Safe use and Allergies
- The use of LAKKIE Gellak gel polish products is the customer's own responsibility.
- LAKKIE Gellak advises customers to inform themselves thoroughly about the correct use of gel polish products, including application and curing, and to carefully follow safety instructions.
- Skin contact with gel polish must be avoided at all times. Customers with sensitive skin or known allergies should be extra cautious and use the product only according to the instructions.
- LAKKIE Gellak cannot be held liable for allergic reactions or skin irritations arising from the use of our products, unless there is a proven manufacturing defect.
- By using the products, the customer agrees to the risks associated with the use of gel polish, as described in the manual or on the packaging.
Article 17 - LAKKIE Rewards (loyalty program)
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LAKKIE Gellak offers a loyalty program: LAKKIE Rewards. This allows you to save points and exchange them later for rewards, such as discounts or (free) products.
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Participation in LAKKIE Rewards is free and linked to a personal customer account. Points are credited to the account you are logged into when placing your order.
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Points and rewards have no cash value and cannot be exchanged for cash.
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Points are awarded after an order has been successfully completed. In the event of (partial) returns, cancellations, chargebacks, or refunds, the corresponding points will be adjusted or revoked. If you have redeemed a reward and you return (part of) the order, we may settle or revoke the reward (partially).
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Redeemed rewards (such as discount codes) are personal and non-transferable. Unless otherwise stated, rewards cannot be combined with other discount codes, promotions, or discounts.
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If you refer someone via LAKKIE Rewards (referral), the points/rewards only apply if the referred person places an order and meets the conditions current in LAKKIE Rewards at that time. In the event of abuse (such as self-referrals), points and rewards may be refused or revoked.
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LAKKIE Gellak reserves the right to refuse, revoke, and/or terminate participation in LAKKIE Rewards in case of suspected abuse, fraud, or unlawful use.
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LAKKIE Gellak may change or terminate LAKKIE Rewards and its conditions at any time. In that case, we will inform you via our website and/or by email.
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For LAKKIE Rewards, it may be necessary for us to share certain data with our loyalty service provider so that your point balance and rewards are tracked correctly.
Article 18 - Changes to the general terms and conditions
- LAKKIE Gellak reserves the right to change or supplement these general terms and conditions.
- Changes will be communicated via our website. The amended terms and conditions apply from the moment they are published, unless otherwise stated.
- For existing agreements, the terms and conditions that were in effect at the time of concluding the agreement remain applicable.