Terms of service

TERMS AND CONDITIONS – LA RETAIL

This website is managed by LA Retail. By visiting our website and/or purchasing something from us, you participate in our "Service" and accept the following terms and conditions ("Terms and Conditions" and "Terms"), including the additional terms and policies referenced herein and/or available via hyperlinks. These Terms and Conditions apply to all users of the website, including but not limited to visitors, sellers, customers, merchants and/or content contributors.

ARTICLE 1 – CONDITIONS FOR THE ONLINE STORE

1.1 By accepting these Terms and Conditions, you certify that you have reached the age of majority in your region or province, or that you have reached the age of majority in your region or province and have given us permission to allow your minor dependents to use this website.

1.2 You must not use our products for illegal or unauthorized purposes, and you must not, when using the Service, violate any law in your jurisdiction (including but not limited to copyright legislation).

1.3 It is not permitted to transmit worms, viruses or any type of destructive code.

1.4 Violation of or breach of any of the Terms will result in immediate termination of your Services.

ARTICLE 2 – COMPANY IDENTITY

Company name: LA Retail Organization number: 92976700 Trade name: Walter's Caps registration number: NL004990136B43 Customer service email address: walter@walters-caps.com Company address: Nijbuorren 9, Hemelum, The Netherlands

ARTICLE 3 – GENERAL CONDITIONS

3.1 We reserve the right to refuse service to anyone for any reason at any time.

3.2 You understand that your content (excluding credit card information) may be transferred unencrypted and may include: (a) transmissions over various networks; and (b) modifications to conform to the technical requirements of connecting networks or devices.

3.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service or any contact on the website through which the Service is provided, without our express written permission.

ARTICLE 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

4.1 We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on this website is at your own risk.

4.2 This website may contain certain historical information. Historical information is not necessarily current and is provided for reference only.

4.3 We reserve the right to modify the content of this website at any time, but we have no obligation to update information on our website. You agree that it is your responsibility to monitor changes to our website.

ARTICLE 5 – MODIFICATIONS TO THE SERVICE AND PRICES

5.1 The prices of our products may be changed without notice.

5.2 We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

5.3 We are not liable to you or any third party for any modification, price change, temporary suspension or discontinuation of the Service.

ARTICLE 6 – PRODUCTS OR SERVICES

6.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are only subject to return or exchange according to our Return Policy.

6.2 We have made every effort to display the colors and images of our products as accurately as possible in the store. However, we cannot guarantee that your computer screen's display of any color will be accurate.

6.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue offering any product at any time. Any product or service offers on this website are void where prohibited.

6.4 We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ARTICLE 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

7.1 We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order.

7.2 These restrictions may include orders placed from or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting you via email and/or the billing address/phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by resellers, distributors or wholesalers.

7.3 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account information and other information, including your email address and credit card number and expiration date, so that we can complete your transactions and contact you as needed.

ARTICLE 8 – PRICES

8.1 All product prices displayed on the website are excluding VAT, import duties, customs clearance fees and other local taxes or charges applicable in the country of destination. Since the seller does not charge VAT on these sales (see Article 12), the customer is entirely responsible for all these import costs.

8.2 Notwithstanding the foregoing, the seller may offer products or services with variable prices that depend on financial market fluctuations, over which the seller has no influence. This dependence on market fluctuations and the fact that the prices indicated may be indicative will be clearly indicated in the offer.

8.3 Price increases within 3 months following the conclusion of the contract are only permitted if they result from legal provisions or regulations.

8.4 Price increases that take place after 3 months from the conclusion of the contract are only permitted if the seller has consented to this, and a. they result from legal provisions or regulations; or b. the consumer has the right to terminate the contract as of the effective date of the price increase.

ARTICLE 9 – OPTIONAL TOOLS

9.1 We may provide you with access to third-party tools that we do not monitor, control or have any influence over.

9.2 You acknowledge and agree that we provide such access to tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. We have no liability arising from or related to your use of optional third-party tools.

9.3 Any use of optional tools offered through the website is entirely at your own risk and discretion, and you must ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third party or parties.

9.4 We may also offer new services and/or features through the website in the future (including the introduction of new tools and resources). Such new features and/or services are also subject to these Terms and Conditions.

ARTICLE 10 – THIRD-PARTY LINKS

10.1 Certain content, certain products and services available through our Service may contain material from third parties.

10.2 Third-party links on this website may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and assume no liability for the material or websites of third parties, or for any other material, products or services of third parties.

10.3 We are not responsible for damages or losses related to the purchase or use of goods, services, resources, content or other transactions in connection with third-party websites. Please carefully review the policies and practices of the third party and ensure you understand them before undertaking any transaction. Complaints, claims, concerns or questions regarding third-party products should be addressed to the third party.

ARTICLE 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

11.1 If you, at our request, send certain specific contributions (for example contest contributions), or without our request send creative ideas, suggestions, plans or other materials – either online, by email, mail or otherwise (collectively referred to as "comments") – you agree that we may at any time and without limitation edit, copy, publish, distribute, translate and otherwise use the comments you send us, in any media. We are not obligated to: a. keep comments confidential; b. pay compensation for any comments; or c. respond to any comments.

11.2 We may, but are not obligated to, monitor, edit or remove content that we determine at our sole discretion to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms and Conditions.

11.3 You agree that your comments do not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or property rights. You further confirm that your comments will not contain defamatory, illegal, offensive or obscene material, or any computer virus or other malicious code that could affect the functionality of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for all comments you make and their accuracy.

11.4 We take no responsibility and assume no liability for comments posted by you or any third party.

ARTICLE 12 – IMPORT AND VAT

12.1 Shipping environment: The customer confirms that all goods ordered through this website are shipped directly by a third-party supplier outside the European Union (EU) and the United Kingdom (UK). The goods do not enter the commercial sphere of the EU or UK through the seller.

12.2 Place of delivery and VAT exemption: According to applicable VAT legislation (including articles 32-33 of EU Directive 2006/112/EC as well as corresponding national provisions such as article 5.1 of the Dutch VAT Act of 1968), the place of delivery for VAT purposes is considered to be the country where transport begins (i.e. outside the EU/UK). Therefore, the seller does not charge VAT on the sale of these goods. The prices indicated are therefore excluding VAT and import duties.

12.3 The customer as importer of the goods: The customer functions as importer of the goods in the country of delivery and is entirely responsible for complying with all import formalities.

12.4 Customer's responsibility for import costs: The customer expressly confirms and accepts that he or she is solely responsible for declaring and paying all import costs applicable upon arrival of the goods in the country of destination. This includes, but is not limited to: a) Import VAT according to the applicable tax rate in the country of destination; b) Customs duties, taxes or other charges; c) Customs clearance fees, brokerage fees or administrative fees imposed by customs authorities or the postal/courier service. These costs are normally collected by the post or delivery courier service before or upon delivery. The seller is not involved in the determination or collection of these import costs.

12.5 No liability for import costs or delays: The seller is in no way responsible for import VAT, customs duties, taxes or delays, seizures or missed deliveries that result from the customer's failure to comply with their obligations. By placing an order, the customer accepts these conditions and releases the seller from any related claims or costs.

ARTICLE 13 – ERRORS, INACCURACIES AND OMISSIONS

13.1 Sometimes information on our website or in the Service may contain typographical errors, inaccuracies or omissions related to product descriptions, prices, promotions, offers, shipping costs, delivery times and availability.

13.2 We reserve the right to correct errors, inaccuracies or omissions and to modify information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without notice (even after you have placed your order).

13.3 We assume no obligation to update, modify or clarify information in the Service or on any related website, including but not limited to price information, except as required by law. No specified update or modification date in the Service or on any related website should be interpreted as indicating that all information has been modified or updated.

ARTICLE 14 – PROHIBITED USE

14.1 In addition to other prohibitions set forth in these Terms, it is prohibited to use the website or its content: a. for illegal purposes; b. to solicit others to perform or participate in illegal acts; c. to violate international, federal, provincial or state regulations, laws or ordinances; d. to infringe our intellectual property rights or those of others; e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; f. to submit false or misleading information; g. to upload or transmit viruses or any other type of malicious code that may be used in a manner that will affect the functionality or operation of the Service, any related website, other websites or the Internet; h. to collect personal information from others; i. to spam, phish, deceive, impersonate, spider, crawl or scrape; j. for obscene or immoral purposes; or k. to interfere with or circumvent the security features of the Service, any related website, other websites or the Internet.

14.2 We reserve the right to terminate your use of the Service in case of violation of any of these prohibited uses.

ARTICLE 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

15.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

15.2 We reserve the right to withdraw the service at any time for an indefinite period or to terminate the service without notice to you.

15.3 You expressly agree that your use of, or inability to use, the service is entirely at your own risk. The service and all products and services delivered to you through the service are provided (unless expressly stated otherwise by us) "as is" and "as available" for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title and non-infringement.

15.4 In no event shall we, our directors, officers, employees, subsidiaries, agents, contractors, interns, suppliers, service providers or licensors be liable for any damage, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind – including, but not limited to, lost profit, lost revenue, lost savings, loss of data, replacement costs or similar damages – whether based on contract, tort (including negligence), strict liability or otherwise, arising from your use of the service or products obtained through the service, or for any other claim related to your use of the service or any product, including but not limited to errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or otherwise made available through the service, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions will be limited to the maximum extent permitted by law.

ARTICLE 16 – RETURN POLICY

16.1 The customer has the right to return the product within 30 days following receipt. The customer is responsible for all costs associated with returning the product. The product must be returned directly to the supplier.

16.2 LA Retail is not responsible for costs related to returning the product. The customer agrees to hold LA Retail harmless from all expenses or liabilities related to the return process.

ARTICLE 17 – INDEMNIFICATION

You agree to indemnify Harrington&Stone menswear and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorney's fees, made by any third party due to your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or third-party rights.

ARTICLE 18 – SEVERABILITY

If any provision of these Terms and Conditions is determined to be illegal, void or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. This shall not affect the validity and enforceability of the remaining provisions.

ARTICLE 19 – TERMINATION

19.1 The obligations and liabilities incurred by the parties before the termination date shall survive the termination of this agreement for all purposes.

19.2 These Terms and Conditions are effective until terminated by you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or by ceasing to use our website.

19.3 If, in our judgment, you fail or are suspected of having failed to comply with any provision or condition of these Terms and Conditions, we may terminate this agreement at any time without notice. You remain liable for all outstanding amounts up to and including the termination date, and we may refuse you access to our services (or any part thereof).

ARTICLE 20 – ENTIRE AGREEMENT

20.1 The failure to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of that right or provision.

20.2 These Terms and Conditions and any policy or operating rule published by us on this website or concerning the Service constitute the complete agreement and understanding between you and us, and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including prior versions of the Terms and Conditions).

20.3 Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the party that drafted the text. This means that if something in the terms is not clear, it cannot be interpreted against us, but in a manner that is reasonable and in favor of the company.

ARTICLE 21 – APPLICABLE LAW

These Terms and Conditions and any separate agreement by which we provide you with services shall be governed by and construed in accordance with US law.

ARTICLE 22 – PRIORITY OF THESE CONDITIONS OVER COUNTERPARTY'S CONDITIONS

These Terms and Conditions take priority over all conditions of the counterparty, including those mentioned in orders, invoices or other documents of the counterparty. The counterparty's conditions that conflict with or differ from these Terms and Conditions are expressly rejected, unless we have expressly and in writing consented to them.

ARTICLE 23 – PRIORITY OF SPECIFIC AGREEMENT

If there are contradictions or inconsistencies between the provisions of these Terms and Conditions and the provisions of a specific agreement between the customer and the seller, the provisions of the specific agreement shall take priority. The contradictory provisions in the Terms and Conditions shall then not apply.

ARTICLE 24 – MODIFICATIONS TO THE TERMS

24.1 You may review the most recent version of the Terms and Conditions on this page at any time.

24.2 We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions at any time by posting updates and modifications on our website. It is your responsibility to check our website regularly for changes.

24.3 Your continued use or access to our website or the Service after the posting of any modifications to these Terms and Conditions constitutes acceptance of those modifications.