General terms and conditions of LK Creativeness
Table of contents
1: Identity
2: Definitions and explanations
3: Applicability
4: The offer
5: License
6: Third party links
7: Accuracy of Billing and Account Information
8: Prices
9: Payment
10: Warranty
11: Shipping
12: Return Policy
13: Complaints procedure
14: Disputes
15: Errors, Inaccuracies and Omissions
16: Disclaimer
17: Changes to Terms of Service
1: Identity
Personal information
Lisa Kievits
Personal email: lisa.kievits@icloud.com
Company details
LK Creativeness
KVK: 87873729
VAT number: 229039650B02
Contact information
Email: LKCreativeness@gmail.com
Etsy: www.etsy.com/shop/lkcreativeness
Instagram: @LKCreativeness
TikTok: @LKCreativeness
Facebook group: LK Creativeness - crochet mandalas and more
2: Definitions and explanations
The following terminology applies to these terms and conditions:
- “Customer” and “Consumer” refers to you, the person accessing this website and accepting LK Creativeness’s Terms and Conditions.
- “The Company”, “ourselves”, “the Entrepreneur”, “we” and “us” refers to the company LK Creativeness.
- “Party”, “parties” or “us” refers to both the customer and the entrepreneur.
- All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of.
- Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
- “Cooling-off period” refers to the period within which the customer can make use of his right of withdrawal.
- “Right of withdrawal” refers to the possibility for the customer to cancel the agreement within the cooling-off period.
- “Services” or “services” refers to the services provided by the entrepreneur.
3: Applicability
- These terms and conditions provide an overview of the rules and regulations for the use of the LK Creativeness website.
- By accessing this website we assume you accept these terms and conditions in full. Do not continue to use LK Creativeness's website if you do not agree to take all of the terms and conditions stated on this page.
4: The offer
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
- For digital files, a legal reflection period of 14 days applies. The customer always receives these files at the specified e-mail address.
- The entrepreneur has made every effort to display the colours and images of the products that appear in the webshop as accurately as possible. It cannot be guaranteed that the display of every colour on the screen of the customer's computer screen will be correct.
- The entrepreneur has done everything to produce each product equal in shape, color, smell and feel. However, it is possible that the products deviate by a small amount from the image and description shown.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Possible mistakes or errors in the offer do not bind the entrepreneur.
- Entrepreneur reserves the right, but is not obligated, to limit the sales of any products or services to any person, geographic region or jurisdiction. This right may be exercised on a case-by-case basis. Entrepreneur reserves the right to limit the quantities of any products or services offered. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Entrepreneur. Entrepreneur reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
- There is no warranty that the quality of any products, services, information, or other material purchased or obtained by the customer will meet expectations, or that any errors in the Service will be corrected.
- Each offer contains such information that it is clear to the customer what rights and obligations are associated with the acceptance of the offer. This concerns in particular:
- The price including taxes;
- The possible shipping costs;
- The manner in which the contract will be concluded and the actions required for this;
- Whether or not the return policy applies;
- The method of payment, delivery and execution of the agreement;
- The period for accepting the offer or the period within which the entrepreneur guarantees the price;
- The level of the tariff for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic tariff for the means of communication used;
- Whether the agreement is archived after conclusion and, if so, how it can be consulted by the consumer;
- The manner in which the consumer, prior to concluding the contract, can check the data provided by him in the context of the contract and, if necessary, correct it.
5: License
- Unless otherwise stated, LK Creativeness and/or its licensors own the intellectual property rights for all material on LK Creativeness. All intellectual property rights are reserved. The consumer may view and/or print pages from www.lkcreativeness.nl for your own personal use subject to restrictions set in these terms and conditions.
- The consumer must not:
- Publishing material from LK Creativeness
- Sell or sublicense material from LK Creativeness .
- Reproduce, duplicate or copy material from LK Creativeness.
6: Third party links
- Certain content, products and services available via the LK Creativeness Service may include materials from third-parties.
- Third-party links on this site may link to third-party websites that are not affiliated with LK Creativeness. The entrepreneur is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- The Entrepreneur is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
7: Accuracy of Billing and Account Information
- The entrepreneur reserves the right to refuse any orders placed. The entrepreneur may, at its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event that the entrepreneur makes a change to or cancels an order, the entrepreneur may attempt to notify the customer by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. LK Creativeness will always compensate the consumer for the changes made to the offer. The entrepreneur reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.
- Consumer agrees to provide current, complete and accurate purchase and account information for all purchases made at the store. Consumer agrees to promptly update account and other information, including email address and credit card numbers and expiration dates, so that the merchant can complete transactions and contact the consumer as needed.
- For more information, please see our Returns Policy.
8: Prices
- Prices for LK Creativeness products are subject to change without notice. The entrepreneur reserves the right to modify or discontinue the service (or any part or content thereof) at any time without notice.
- The Entrepreneur shall not be liable to the Customer or any third party for any modification, price change, suspension or discontinuance of the Service.
- The prices stated in the offer of products or services include VAT.
- All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
9: Payment
- Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period.
- In the case of a contract for the provision of a service, this period commences after the consumer has received confirmation of the contract.
- The consumer has the duty to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
10: Warranty
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the contract.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The return of the products must be in the original packaging and in new condition.
- If the consumer uses the product completely according to the guidelines and is not satisfied, he/she has a legal reflection period of 14 days. After these 14 days, the customer can contact the entrepreneur if he/she is not satisfied. Together with the entrepreneur, a solution will be sought: additional support for implementation from the entrepreneur is the best option. Refunds are not possible for digital products. The entrepreneur is committed to offering the best possible alternative solution.
- The products that LK Creativeness offers are composed with great care. The customer can always contact us in case of doubt and/or comments.
- The author, Lisa Kievits, of a pattern by LK Creativeness cannot be held liable for any damage or costs resulting from the use of a pattern. The patterns are intended for personal and non-commercial use only. The pattern may not be copied, forwarded, distributed, translated or sold; reproduction, distribution or sharing of this pattern, including screenshots, photos or prints is not permitted.
The warranty does not apply if:
- The consumer has repaired and/or processed the delivered products himself and/or has had them repaired and/or processed by third parties;
- The delivered products are exposed to abnormal conditions or otherwise treated carelessly or in conflict with the instructions of the entrepreneur and/or the packaging;
- The consumer does not fully follow the implementation procedure sent to him/her in order to achieve the best result.
11: Shipping
- The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company. For digital products, delivery applies via e-mail to the specified address, which will be carried out with the utmost care. This must be in the mailbox within a few hours. The customer is advised to also keep an eye on the spam box in case of problems. Should problems nevertheless occur, the customer has the right to contact the entrepreneur directly.
- The company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.
- All terms of delivery are indicative. The consumer cannot derive any rights from the stated terms. Exceeding a term does not entitle the consumer to compensation.
- In the event of termination in accordance with this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
- If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of a return shipment are for the account of the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
12: Return Policy
When delivering products:
- When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This period commences on the day of receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
- During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions of the entrepreneur.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days after receipt of the product. The consumer must make this known using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
- If the customer has not indicated that he wishes to exercise his right of withdrawal or withdrawal after the expiry of the conditions mentioned in the previous paragraphs or the product has not been returned to the entrepreneur, the sale is a fact.
- There is no right of return on digital products from LK Creativeness. Cancellation of orders already executed and delivered is not possible. When you proceed to payment during the ordering process and agree to the general terms and conditions, you waive the statutory cooling-off period of 14 days.
When providing services:
- When providing services, the consumer has the option to terminate the agreement without giving any reason for at least 14 days, starting on the day the agreement is concluded.
- In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Cost of return
- If the consumer exercises his right of withdrawal, the costs of returning the goods will not exceed the shipping costs. In addition, the consumer covers the shipping costs for return.
- If the consumer has paid for the product, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. The condition is, however, that the product has already been received by the seller or that convincing proof of complete return can be submitted.
Exclusion of right of withdrawal for products
- The entrepreneur can exclude the consumer's right of withdrawal for products and services. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, that is, in good time before the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- Which have been made by the entrepreneur in accordance with the consumer's specifications;
- Which are clearly personal in nature;
- Which due to their nature cannot be returned;
- Which can spoil or become outdated quickly;
- The price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- For individual newspapers and magazines;
- For audio and video recordings and computer software where the consumer has broken the seal;
- For hygiene products where the consumer has broken the seal;
- digital products.
Exclusion of the right of withdrawal is only possible for services:
- Regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
- The delivery of which has commenced with the express consent of the consumer before the cooling-off period has expired;
13: Complaints procedure
- Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
- In case of complaints, a consumer must first contact the entrepreneur. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will replace or repair the products at his discretion or the delivered products free of charge.
14: Disputes
- The Vienna Sales Convention does not apply.
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
15: Errors, Inaccuracies and Omissions
- Occasionally there may be information on LK Creativeness's website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The Entrepreneur reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after an order has been submitted).
- The Entrepreneur undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
16: Disclaimer
- To the maximum extent permitted by applicable law, the Entrepreneur excludes all representations, warranties and conditions relating to the website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- Limits or excludes liability for death or personal injury resulting from negligence;
- Limit or exclude liability for fraud or fraudulent misrepresentation;
- Limit any of our liabilities in any manner that is not permitted under applicable law;
- Excludes any liabilities which may not be excluded under applicable law.
- The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
- Are subject to the preceding paragraph;
- Applies to all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
- To the extent that the website and the information and services on the website are provided free of charge, we are not liable for any loss or damage of any nature.
17: Changes to Terms of Service
The consumer can view the most recent version of the general terms and conditions on this page at any time.
The entrepreneur reserves the right, at its sole discretion, to update, change or replace any part of these terms and conditions by posting updates and changes to the website. It is the customer's responsibility to check the website periodically for changes. Continued use of or access to this website or the Service following the posting of any changes to these terms and conditions constitutes acceptance of those changes.