Purchase conditions |
PURCHASE CONDITIONS INTRODUCTION |
This document (together with the documents mentioned herein) establishes the conditions that govern the use of this website www.lakeisland.io and the purchase of products on it (hereinafter referred to as the “Conditions”). |
We urge you to read the Conditions, the Cookies Policy and the Privacy Policy available on the website (hereinafter, jointly, the “Data Protection Policies”) carefully before using this website. When you use this website or place an order on it, you are aware that you are bound by these Conditions and the Data Protection Policies, so if you do not agree with all of the Conditions and with the Data Protection Policies, you must not use this website. |
These Conditions may be modified. It is your responsibility to read them periodically, as the current Conditions at the time of formalisation of the relevant Contract (as defined further on) or of use of this website shall be those that apply. |
If you have any query regarding the Conditions or the Data Protection Policies you may contact us by using the contact form available on our website. |
The contract between us to purchase a product (hereinafter, the “Contract”) may be executed, at your option, in any of the languages in which the Conditions are available on this website. |
OUR DETAILS |
Sale of goods through this web page is carried out under the trading name LAKE ISLAND by Nolita Group Ltd, a Limited Liability company with registered address 4, LAST BLOCK, P/H 7, Triq il – Habberxa, Marsaskala, MSK2242, Malta, registered in Malta bearing Company Registration Number C 102490, with Corporate Tax Number MT 29271128, with the following email address info@lakeisland.io , and following telephone number 99583663. |
YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE |
The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality. |
USE OF OUR WEBSITE |
When you use this website and place orders through it, you agree to: |
Use this website to make legally valid enquiries and orders only. Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and inform the pertinent authorities. Provide us with your e-mail address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you if necessary (see the Privacy Policy). |
If you do not provide us with all the information we need, you cannot place your order. When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into contracts. SERVICE AVAIL ABIL ITY |
The articles offered on this website are available for delivery in Malta and Gozo only. |
If you wish to order products from another EU member state outside of Malta via this website you are of course welcome to do so; however, the ordered products can only be delivered to a LAKE ISLAND store or a delivery address within Malta. |
HOW TO PLACE AN ORDER |
To place an order, you must follow the online purchasing procedure and click on “Authorise payment”. After doing so, you will receive an email confirming receipt of your order (the “Order Confirmation”). You will be informed via email that the order is being sent (the |
“Shipment Confirmation”). |
TECHNICAL MEANS OF CORRECTING ERRORS |
If you detect an error when entering your personal details to register as a user of this website, your details can be modified in the “My Account” section. In any event, you may correct errors in your personal data provided during the purchasing process by calling customer services on 99583663, or at the email address info@lakeisland.io, as well as exercising the right of rectification as set out in the Privacy Policy by contacting info@lakeisland.io |
This website displays confirmation screens at various points throughout the purchasing process, which do not allow the order to be processed if the data in these sections has not been entered correctly. This website also shows the details of all the items that you have added to the shopping basket during the purchasing process and as such you may modify the details of your order before payment. If you detect an error in your order after payment has been made, you should contact our customer services to rectify the error im m ediately, either by telephone or email, using the aforementioned contact details. |
AVAIL ABIL ITY OF PRODUCTS |
All product orders are subject to availabilityof the same. Along this line, if there are difficulties regarding the supplyof products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse anyamount that you may have paid. |
REFUSAL TO PROCESS AN ORDER |
We reserve the right to remove any product from this website 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 Order Confirmation, and we reserve the right to do so at any time. |
may apply to goods supplied in certain Member States of the European Union if the customer is or is required to be a taxable person for VAT purposes. If this is the case, no VAT would be charged by us, subject to the confirmation by the recipient that the VAT on the items supplied would be accounted for by the customer under the reverse charge procedure. |
You expressly authorise us to issue the invoice in electronic format. However, you may freely indicate us at any time, you want to receive a paper copy of your invoice, in which case we will issue and send you the invoice on paper. |
RETURN POLICY |
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6.1 Legal right of withdrawal |
Right of withdrawal |
If you are contracting as a consumer, you have the right to withdraw from the Contract, within 14 days , without giving any reason. |
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or in case of multiple goods in one order delivered s eparately, after 14 days from the day on which you acquire, or a third party other than the carrier indicated and by you acquires, physical possession of the last good. |
To exercise the right of withdrawal, you may notify at Nolita Group Ltd operating under the commercial name LAKE ISLAND, at the address, at the telephone number 99583663, by writing an email at info@lakeisland.io, or by writing to our contact form available on our website, of your decision to withdraw from this Contract by an unequivocal statement (example, a letter sent by post or email). You may use the model withdrawal form as set out in Annex, but it is not obligatory. |
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. |
Effects of withdrawal |
If you withdraw from this Contract, we shall reimburse to you all payments received from you, including the costs of delivery to the original delivery place in Malta (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expens ive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. In any event, you will not incur any fees as result of such reimbursement. Notwithstanding the foregoing we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier. |
You shall send back or deliver the goods or hand them over to us at any LAKE ISLAND store in Malta or return them by Courier arranged by us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this Contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. |
Unless you return the goods by Courier arranged by us or you hand the goods over in a LAKE ISLAND store in Malta you shall bear the direct cost of returning the goods. |
You are only liable for any diminished value of the goods resulting from the handing other than what is necessary to establish the nature, characteristics and functioning of the goods. |
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6.2 Contractual right of withdrawal |
In addition to the legally recognised right to cancel for consumers and users, mentioned in clause 16.1 above, we grant you a period of 0 days from delivery of the parcel to return the products (except those mentioned in clause 16.3 below, for which the right to cancel is |
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excluded). |
In case you return the goods within the contractual term of the right of withdrawal, but once the statutory period has expired, you will be reimbursed, only, with the amount paid for said products, which means that the delivery costs will not be reimbursed. You will be responsible for the direct costs of returning the product unless you hand the goods over in a LAKE ISLAND store in Malta or you return the goods by Courier arranged by us. |
You may exercise your right of withdrawal in accordance with the provision of clause 16.1 above, however should you inform us about your intention of withdrawing from the Contract after the legal term for withdrawal, you shall, in any case, hand the goods over to us within the 30 day term as from the delivery of the products. |
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6.3 Common provisions |
You shall not have the right to cancel the Contract when it is for the delivery of any of the following Products: |
Customised items; Mus ic CDs/DVDs without their original wrapping; Sealed goods which are not suitable for return due to hygiene reasons and were unsealed after delivery. |
Your right to cancel the Contract shall apply exclusively to the products that are returned in the same conditions in which you received them. No reimbursement will be made if the product has been used more than just opening it, for products that are not in the same condition as when they were delivered or when they have been damaged, so take care of the products(s) while in your possession. Please return the products using or including all their original packaging, instructions, and other documents, if any, accompanying the products. In any case, you must send the product to be returned together with the ticket which you will have received when the product was delivered. You will find a summary on exercising this cancellation right when you receive the order. |
Upon cancellation, the respective products shall be returned as follows: |
Returns at any LAKE ISLAND store |
You may return any product at any LAKE ISLAND store in Malta which has the same section to which the goods you wish to return belong to. In such case, you should go to s uch store and present with the good a fully completed ticket included with the delivery of the product. |
Returns by Courier |
When returning the product(s) by Courier arranged by us, you should contact us through our web form or by telephone at 99583663 to arrange for the product to be collected at your home. You should send the product in the same package received by following the directions on the “RETURNS” section of this website. If you have bought any goods as a guest, you may request returns by Courier by phone, dialing |
99583663. |
Neither of the two options above will entail any additional cost to you. |
If you do not want to return the products using the free option available, you will be responsible for the return costs. Please note that if you decide to return us the items “cash on delivery”, we will be authorised to charge you for any costs we may incur. |
server on which the site is housed or any s erver, computer or database related to our website. You agree not to attack this website through any attack of denial of service or an attack of distributed denial of service. |
Failure to comply with this clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities, and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this clause, authorisation to use this website shall be suspended im m ediately. |
We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you. |
LINKS FROM OUR WEBSITE |
If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Therefore, we shall not accept any liability for any damage or harm deriving from their use. |
WRITTEN C OMMU N IC ATION |
The applicable regulations require that some of the information or notification that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by e-mail or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your rights as recognised by law. |
NOTIFICATIONS |
The notifications that you send us must be sent preferably through our contact form. Pursuant to the provisions in clause 22 above, and unless otherwise stipulated, we may send you notifications either by e-mail or to the postal address you provided us when placing an order. |
It shall be understood that the notifications have been received and have been carried out correctly as soon as they are posted on our website, 24 hours after they have been sent by e-mail, or three days after the postage date on any letter. As proof that the notification has been sent it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, that the correct postage was paid and that it was duly delivered to the post office or to a mail box, and in the case of an email, that the notification was sent to the email address specified by the recipient. |
TRANSFER OF RIGHTS AND OBLIGATIONS |
The Contract is binding both for you and for us, as well as for our respective successors, transferees and heirs. |
You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance. |
We may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have as a consumer recognised by law or cancel, reduce or limit in any way the express and tacit guarantees that we may have given you. |
EVENTS BEYOND OUR CONTROL |
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a 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: |
Strike, lockout or other forms of protest. |
Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster. Inability to use trains, ships, aircraft, motorised transport or other means of transport, public or private. Inability to use public or private telecommunication systems. Acts , decrees, legislation, regulations or restrictions of any government or public authority. 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 Contracts 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 fulfil 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 fulfil our obligations by virtue of the Contract despite the situation of Force Majeure. |
WAIVING RIGHTS |
The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations. |
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions. |
The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to you in accordance with the provisions of the Notifications section above. |
PARTIAL ANNULMENT |
Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment. |
ENTIRE AGREEMENT |
These Conditions and any document referenced in the same constitute the entire agreement between you and us as regards the purpose of the same, replacing any previous pact, agreement or promise made between you and us verbally or in writing. |
You and ourselves acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other party or that could have been inferred from any statement or document in the negotiations entered into by the two parties |