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GENERAL TERMS AND CONDITIONS
LC Waikiki L.L.C
LC Waikiki Retail Kosovo L.L.C (hereby referred as “LCW”)
is a company duly registered with the Kosovo Business Registration Agency under
the unique identification number 810829830, with its registered address in the
Industrial Zone, Prishtina–Fushë Kosovë Highway, Republic of Kosovo.
As part of its business operations, LCW manages and
provides the “https://www.lcwaikiki-ks.com” platform (hereinafter the
“Platform”), designed to offer LCW customers the possibility to purchase
various goods and products. The Platform is operated through the website https://www.lcwaikiki-ks.com
(hereinafter the “Website”). We operate the Website and all related products,
tools, and services governed by or associated with these General Legal Terms
and Conditions (hereinafter the “Legal Terms”) (collectively, the “Services”).
LCW and the User/Customer are hereinafter jointly referred to as the “Parties.”
We thank you for choosing to use LCW’s platforms,
services, and products, collectively referred to as the “Services.” This
document is intended to clarify the legal nature of your relationship with LCW.
Because these Terms constitute a binding contract, you are kindly advised to
read them carefully. If necessary, you should seek professional advice. By
accepting these Terms, a legally binding agreement is deemed to have been
formed between you and LCW.
The Platform functions as an e-commerce system through
which Users may order products and request delivery to their chosen address,
pursuant to the terms of this Agreement. These Terms also regulate privacy and
personal data protection in accordance with Kosovo legislation.
Your use of the Platform constitutes unconditional
acceptance of these Terms. If you do not agree with any provision, you must
immediately discontinue use of the Platform. Continued use will be deemed full
acceptance of the Terms.
CHANGES TO TERMS & CONDITIONS
LCW may update these terms & conditions from time
to time, including to reflect changes in our operational practices or for other
legal or regulatory reasons. We will post the revised Terms & Conditions on
the Platform, update the “Last Updated” date, and take any other steps required
by applicable law.
AGE OF USERS
By using our Services, you
represent and warrant that you are at least 18 years of age, or that you are
the parent or legal representative of a minor and you hereby consent to such
minor’s use of the Services.
In accordance with this Privacy
Policy and our Terms of Use, parents and/or legal representatives are
responsible for providing all necessary consents on behalf of minors who have
not reached the age of majority (18 years). Under no circumstances shall LCW be
held responsible for the actions or omissions of a parent and/or legal
representative in relation to a minor under their care. We strongly encourage
parents and legal representative to closely supervise minors when they use our
Services.
The
Services are not intended for use by children, and we do not knowingly collect
any personal information from children. If you are a parent or legal guardian
of a child who has provided us with their personal information, you may contact
us using the contact details set out below to request that such information be
deleted.
As
of the effective date of this, we do not have actual knowledge that we “share”
or “sell” (as such terms are defined under applicable law) the personal
information of individuals under the age of sixteen (16).
CONTRACT
To use the Services, LCW may require you to register.
The Customer agrees to keep the password confidential and remains responsible
for all use of the account and password. LCW reserves the right to remove,
request, or change any username selected by the Customer if, in LCW’s judgment,
it is inappropriate, misleading, offensive, or otherwise objectionable.
The contract between LCW and the Customer is formed
through the Platform https://www.lcwaikiki-ks.com.
The display of products on the Platform constitutes an offer directed to customers
for the purpose of concluding a Distance Sales Contract.
To conclude the Contract, the Customer must add the
desired product(s) to the Shopping Cart (“Cart”) and complete the checkout
process. Items in the Cart and related data may be modified before submitting
the order, using the options available on the Platform. After placing products
in the Cart, the Customer must fill in the Address, Delivery, and Payment
sections.
Upon providing final confirmation for order execution,
the Contract between the Customer and LCW is deemed concluded. Acceptance of
these Legal Terms is mandatory for placing an order; otherwise, the Customer
will not be able to finalize the purchase.
INFORMATION WE COLLECT DIRECTLY FROM USERS/COSTUMERS
Information provided directly through our Services may
include:
Basic
contact details, including your name, address, phone number, and email.
Order
information, including billing and shipping address, payment confirmation,
email, and phone number.
Account
information such as username, password, and security questions.
Purchase-related
information concerning viewed items, cart contents, and wish-listed products.
Customer
support information, including the content of communications you choose to
share with us.
Some
features of the Services may require you to provide certain information. You
may choose not to provide such information; however, this may limit your
ability to access or use certain features.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All content on the Platform, including trademarks,
distinctive signs, text, information, images, photographs, and services is the
intellectual property of LCW and is protected under the applicable copyright,
industrial property, and trademark laws of the Republic of Kosovo.
No modification, publication, distribution,
transmission, copying, or any form of reproduction of Platform content is
permitted without LCW’s prior written consent. Partial copying may be permitted
for personal, non-commercial use, provided the source is clearly acknowledged.
SECURITY
Access to the Platform is initiated by the User. The
User is solely responsible for securing and maintaining the necessary
equipment, such as computers, mobile devices, software, and telecommunication
services. The User must take appropriate measures to protect devices and
sensitive data, including banking information from viruses, cyber-attacks, or
other harmful programs.
LCW adopts reasonable technical and organizational
measures to enhance Platform security, including access controls and
cybersecurity protection systems. However, LCW cannot guarantee that the
Platform is completely free from viruses or other harmful elements. LCW assumes
no liability for any damage to the User’s devices, software, or data resulting
from access to the Platform.
PERSONAL DATA AND ITS PROTECTION
LCW ensures that all personal data collected from
visitors and users is processed in accordance with Law No. 06/L-082 on the
Protection of Personal Data and applicable secondary legislation.
LCW does not request or retain copies of
identification documents unless there are reasonable grounds to doubt a User’s
identity or the validity of an order. In such cases, LCW may request an
identification document solely for verification, and it will be deleted
immediately after the verification process is completed.
If a third party, intentionally or unintentionally,
comes into contact with personal data administered by LCW, they are required to
act in accordance with applicable data protection laws, immediately delete any
such data, and notify LCW.
The Platform may contain links leading to third-party
websites. If a User chooses to follow these links, LCW bears no responsibility
for the management or processing of personal data by such external sites.
Users have the right to request access, correction,
deletion, or objection to the processing of their personal data. Requests may
be submitted in writing to LCW’s email address.
COMMUNICATIONS BETWEEN THE PARTIES
All communications related to this Contract shall be
conducted through LCW’s official email addresskosovo@lcwaikiki.info or
through communication tools available on the Platform.
The Parties agree that electronic communications, including
emails, Platform notifications, and automated messages constitute legally valid
official communication.
The User is responsible for ensuring the accuracy and
currency of their contact details. LCW shall not be liable for undelivered
notifications resulting from inaccurate or outdated information provided by the
User.
YOUR RIGHTS AND CHOICES
Right to Access / Know – to request information about
the personal data we hold concerning
you.
Right to Deletion – to request that we delete your
personal data.
Right to Correction – to request rectification of
inaccurate personal data.
Right to Data Portability – to receive a copy of your
personal data or request its transfer to a third party.
Right to Opt-Out of Sale/Sharing/Targeted Advertising
– to direct us not to “sell” or “share” your personal data or to opt out of
processing for targeted advertising.
Right to Restrict Use or Disclosure of Sensitive
Personal Data
Right to Restrict Processing
Right to Withdraw Consent, where applicable.
Right to Appeal a decision if your request is denied.
Communication Preferences Management, including opting
out of promotional emails or SMS.
Exercising these rights will not result in
discrimination. We may need additional information to verify your identity
before responding.
PURCHASES AND PAYMENTS
We accept the following payment methods:
- Cash on delivery
- POS payment upon delivery
- Online payment (Visa, Mastercard)
- Bank transfer
- LCW Money
Where payment is made by credit card, the Customer
expressly authorizes LCW to charge the full value of the product and applicable
delivery fees. Card data security is guaranteed by the payment processor (the
respective bank). LCW bears no responsibility for third-party misuse of credit
cards.
Any delays caused by banks or financial institutions
in processing payments cannot be attributed to LCW.
You agree to provide accurate and complete purchase
and account information and to update your details promptly so that we may
complete transactions or contact you when necessary.
LCW reserves the right to correct price errors. Where
a pricing error is identified, you will be informed and given the option to
confirm or cancel your order.
LCW reserves the right to refuse or limit orders
placed through the Services, including those using the same customer account,
payment method, or billing/shipping address.
PRODUCT DELIVERY
Products are delivered according to availability
indicated on the Platform. LCW aims to deliver orders promptly.
Deliveries are generally carried out by third-party
courier services cooperating with LCW, unless the Customer chooses in-store
pickup or the nature of the product requires direct delivery by LCW.
If the Customer is unavailable at the agreed delivery
address, LCW will attempt to contact the Customer for three (3) days. If
unsuccessful, the product will be returned to the warehouse, and the order will
be cancelled.
LCW is not liable for delays caused by factors beyond
its reasonable control, including logistical issues, customs processes,
supplier delays, stock inconsistencies, natural disasters, strikes, or force
majeure events. Estimated delivery dates are not guaranteed.
If stock inaccuracies occur, LCW will notify the Customer
and provide options for resolution, including cancellation or substitution.
LCW is not liable for direct or indirect damages
resulting from delivery delays. By placing an order, the Customer acknowledges
these conditions.
PRODUCT RETURN POLICY
1. Time limit
In
accordance with Law No. 06/L-034 on Consumer Protection, the consumer has the
right to withdraw from a distance contract within a period of fourteen (14)
days, pursuant to Article 44 of this Law. Upon exercising this right, the
consumer is obliged to return the goods without undue delay and, in any event,
no later than fourteen (14) days from the date on which the consumer has
communicated their decision to withdraw from the contract to LCW.
Without
prejudice to this statutory right, LCW, within the framework of its commercial
policies and with the aim of providing a higher standard of service, offers an
extended return period of thirty (30) days from the date of receipt of the
product. This extended period constitutes an additional commercial benefit and
does not affect or limit the consumer’s minimum legal right of withdrawal and
return within the time limits prescribed by law.
Return
requests must be submitted online, either through the Customer’s LCW account or
via email. Upon approval, the Customer must securely package the product in its
original packaging, together with all accompanying components.
2. Condition of the product
Returned products must be in their original condition
and original packaging, with all labels and tags attached. This means that the
product must not show any signs of use, damage, or alteration. The return
request must be accompanied by the fiscal receipt or electronic proof of
payment.
3. Reason for return
Common
reasons for return include receipt of a damaged product, receipt of an
incorrect item, or a change of mind on the part of the Customer.
If,
at the time of delivery, the product does not conform to the specifications
presented on the Platform and as defined in the Contract, you must promptly
contact LCW with details regarding the product and any damage or non-conformity
identified. You may return the product to the address indicated on the delivery
note provided upon receipt, or hand it over to the contracted courier/postal
service for delivery to the agreed return location.
LCW
will carefully examine the returned product and will notify you by email within
a reasonable period whether the product can be repaired, replaced, or whether
you are entitled to a refund.
4. Return shipping
The order may be returned to LCW at the address Street
Gjergj Balsha220, Dragodan Prishtine, either by the Customer directly or via
the courier. The Customer
shall bear the cost of returning the order, except in cases where the product
received by the Customer was defective or damaged upondelivery.
5. Exceptions
Certain items are non-returnable or may be subject to
specific return conditions for hygiene reasons (e.g. underwear) or due to
personalization (e.g. customized products).
6. Methods of reimbursement
The Customer may choose
either to exchange the returned product for other LCW products or to request a
refund of the amount paid.
For
orders paid via cash on delivery (COD) or via bank transfer, refunds shall be
processed exclusively via bank transfer, in accordance with these Terms and
Conditions.
By
placing an order and accepting these Terms and Conditions, the Customer
expressly agrees that, in the event of a return of a product whether returned
in-store or via courier the refund will be processed via bank transfer in all
cases.
For
the purpose of processing such refunds, the Customer will be required to
provide the necessary bank account details.
You
agree to provide accurate, complete, and up-to-date information regarding your
bank account for all transactions through the Services. You further agree to
promptly update any account and payment details, in order to enable the proper
processing of transactions and to allow us to contact you as necessary.
Such
data shall be collected and processed solely for the execution of the refund,
in accordance with applicable data protection legislation.
The
Customer may file a complaint regarding non-conformity or other issues arising
from the purchase in accordance with the Law on Customer Protection. Complaints
may be submitted via email kosovo@lcwaikiki.info or by post to LCW’s address.
SUSPENSION
LCW may suspend a User’s access to the Platform in
cases including:
- Use contrary to law or this Contract;
- Conduct that may harm Platform functionality;
- Potential misuse or fraud regarding payment methods;
- Submission of false or unclear data;
- Requests from state authorities.
- Suspension may be temporary or permanent, depending
on the severity.
TERMINATION FOR NON-COMPLIANCE
LCW may immediately terminate this Contract and close
the User’s account for serious or repeated breaches, including:
- Fraud or attempted fraud;
- Actions damaging LCW, other users, or third parties;
- Intentional security breaches;
- Unauthorized use of bank cards;
- Significant violations of applicable law.
- Termination does not obligate LCW to compensate the
User. Obligations accrued prior to termination remain valid.
FORCE MAJEURE
LCW is not liable for failure or delay caused by
circumstances beyond its reasonable control (“Force Majeure”), including
natural disasters, war, terrorism, civil unrest, power outages, network
failures, government actions, epidemics, pandemics, embargoes, and similar
events.
During Force Majeure, LCW’s obligations are suspended.
DATA CONTROLLER AND TRANSFER
OF PERSONAL DATA
For the purposes of Law No. 06/L-082 on
the Protection of Personal Data of the Republic of Kosovo, the controller of
personal data collected through and in connection with this e-commerce website
(including account registration, order placement, payment processing, delivery,
returns, customer service, and related communications) is LC Waikiki Retail
Kosovo, with its registered address in the Industrial Zone, Prishtina–Fushë
Kosovë Highway, Republic of Kosovo, unique identification number 810829830, contact
email data.protection@lcwaikiki.com and other contact
details as indicated in the Company Information section of this website.
In order to operate the
e-commerce platform and ensure its technical functionality, reliability, and
security, all infrastructure services, including hosting, are provided through
Microsoft Azure cloud services. Personal data is hosted and stored on virtual
servers located in the Microsoft Azure West Europe (Amsterdam) Data Center
within the European Union. No other external infrastructure or hosting suppliers
are involved in the storage of personal data.
Such transfer is carried
out exclusively for the purpose of providing the e-commerce services, ensuring
platform performance, data security, and operational continuity. The Data
Controller ensures that such transfers are conducted in compliance with the applicable
provisions of Kosovo data protection legislation and that appropriate technical
and organizational safeguards are in place.
The Data Controller
implements appropriate technical and organizational measures to protect
personal data against unauthorized access, alteration, disclosure, loss, or
destruction. Customers retain all rights provided under applicable data
protection legislation, including the right to request access to their personal
data, rectification or erasure of inaccurate or unlawfully processed data,
restriction or objection to processing where applicable, and the right to lodge
a complaint with the competent supervisory authority in the Republic of Kosovo.
The
Netherlands, as a Member State of the European Union, is included in the list
of countries considered to provide an adequate level of personal data
protection pursuant to the Decision of the Information and Privacy Agency of
the Republic of Kosovo, Ref. No. 22/2025, dated 30.04.2025. Consequently, the
transfer and storage of personal data in the Netherlands is regarded as taking
place in a jurisdiction that ensures an adequate level of data protection in
accordance with the applicable Kosovo data protection legislation.
ENFORCEMENT AND DISPUTE RESOLUTION
The Parties shall attempt to settle disputes amicably.
Failing such resolution:
Jurisdiction lies with the competent courts of the
Republic of Kosovo.
The substantive and procedural laws of the Republic of
Kosovo shall apply.
LCW may initiate enforcement proceedings for
obligations arising from this Contract.
CONTRACT
This Contract is drafted in Albanian language as an
official language in the Republic of Kosovo.
All official communications and documents shall be
made in Albanian unless otherwise agreed in writing.
CONTACT
If
you have any questions or comments regarding these Terms & Conditions, you
may contact us via email or through the following postal address:
LC
Waikiki Retail Kosovo L.L.C.,
Industrial
Zone,
Prishtina–Fushë
Kosovë Highway,
Republic
of Kosovo.
Phone:+38343772001
Email:data.protection@lcwaikiki.com