1. TERMS & CONDITIONS FOR LUPIT POLE PRODUCTS:
When ordering Lupit Pole products, the following General Terms and Conditions apply:
All orders accepted by LUPIT POLE D.O.O. are subject to the following General Terms and Conditions (GTC). These Terms and Conditions apply to all contracts for the sale of goods by LUPIT POLE D.O.O.. (the Company), Kinky-shoes (the Seller) to the buyer (the Customer) and constitute the only contractual terms and conditions between the Company and the Customer, to the exclusion of all others, except such terms and conditions as may be agreed in writing by a director of the Company.
1. Orders accepted by the Company are subject to the terms and conditions set forth below. Orders accepted by the Company are subject to stock availability. Acceptance of an order, and thus the existence of a purchase contract, shall not occur until the Company makes a delivery to the Customer.
1.2 The Company may refuse or cancel the delivery of an order or the balance of an order at any time without notice.
1.3 To expedite and facilitate invoicing, compilation, and shipping, and to avoid incorrect deliveries, full reference numbers should be used as indicated in the price list.
1.4 The customer enters into a legally binding contract by ordering products and/or services via the Internet.
2. USE OF LUPIT POLE PRODUCTS
2.1 The user acknowledges and agrees that the use of products manufactured and/or sold by Lupit Pole and Kinky-shoes, including but not limited to dance poles, accessories, aerial, and related equipment (collectively, "Products"), is at their own risk.
2.2 Lupit Pole and Kinky-shoes do not accept any liability for personal injury, property damage, or other loss arising from the use of the Products. It is the responsibility of the user to ensure that they are physically fit to use the Products and to seek professional guidance if necessary.
2.3 Users should also ensure that the Products are installed, maintained, and used under Lupit Pole's instructions and recommendations.
Lupit Pole and Kinky-shoes make no warranties, express or implied, regarding the safety, reliability, durability, and performance of the Products.
2.4 No advice or information obtained by the user, whether oral or written, from Lupit Pole or Kinky-shoes shall create any warranty not expressly stated in this disclaimer. This disclaimer does not affect the statutory rights of the consumer that cannot be waived or limited by contract.
2.5 GOODS OUT OF STOCK
Items that are out of stock will be added to order inventory and, at the Company's discretion, will be shipped when new inventory arrives.
If you do not want to receive the item(s) when new inventory arrives, please notify us in time by email:
lupitpole@kinky-shoes.nl
3. DELIVERY, RISK AND INSURANCE
3.1 Lupit Pole and Kinky-shoes accept no responsibility for non-delivery or late delivery. All delivery dates quoted are indicative and subject to change without notice. Time is not of the essence for delivery. A delivery date shall not form part of the contract unless agreed in writing by a Lupit Pole CEO. Lupit Pole and Kinky-shoes can't be held liable for any loss, damage or expense resulting from delays in delivery or failure to deliver.
3.2 The usual delivery methods are mail and carrier. All deliveries are subject to packaging and transportation charges as indicated in the price list or quotation. Lupit Pole and Kinky-shoes reserve the right to change these charges at any time without notice. All delivery charges are excluded from discounts displayed or offered.
3.3 Packing, transport and insurance (if required or requested) will be charged at cost. The goods shall pass to the risk of the Customer as soon as they leave the Company's premises. If requested, the Company will provide insurance for the delivery, which will be charged at cost price.
4. CLAIMS
4.1 It is the customer's responsibility to check the consignments of goods on arrival for correct quality, description, shortages and any damage in transit. Complaints MUST must be made in writing to Kinky-shoes within 3 days of receipt of the goods or within 14 days of the invoice date if the goods have been lost in transit.
4.2 Complaints regarding allegedly defective goods, shortages or non-deliveries are not grounds for withholding payment of invoices and do not give the Customer the right to offset/set off against payments to Kinky-shoes or Lupit Pole.
4.3 Kinky-shoes and Lupit Pole will not accept packaging and transportation charges for returns by the Customer unless agreed to by a Lupit Pole CEO.
4.4 Refunds will be issued upon receipt of the goods once the warranty claim has been acknowledged. Keep proof of return, registered mail or similar, as a refund or exchange cannot be made until the merchandise is received.
5. CLAIMS AND RETURN
Damage may occur during shipping and transportation.
5.1 Upon receipt of the package and before signing for receipt, please inspect the outside of the package for any damage. If any damage was found, please note it on the delivery bill before signing for receipt and inform us about it by email provided with pictures of the damage:
lupitpole@kinky-shoes.nl
5.2 If the contents are damaged after you open the package and there is no damage on the outside of the package, please contact us and provide pictures of the damage:
lupitpole@kinky-shoes.nl
5.3 Any claim against Lupit Pole or Kinky-shoes arising out of the condition or quality of the Products at arrival must be notified to Kinky-shoes in writing within ten (10) days of delivery of the goods and merchandise; failure to make such a claim within the ten (10) day period shall be deemed a waiver of the claim.
We would also like to remind you that when our goods leave our warehouse, we are not responsible for any delays or different delivery methods that may be caused by the carrier.
5.4 The Customer must track the order and verify if the order was delivered to their address or a pick-up point. If the order was delivered to a pick-up point, please contact the local courier for further instructions on how to pick-up your order. It is not our responsibility to track the order or contact the local couriers.
5.5 If the order is not picked up in time or declined at delivery, the Customer is responsible for the shipping and handling charges both ways
(shipment and handling from the warehouse to the customer, and shipment and handling for the return shipment)
5.6 The Customer has the right to request for a return within 14 calendar days from the date the order was delivered. To be eligible for a return, the item must be unused and in the same condition in which it was received. The item must be in its original packaging. The item must be accompanied by a receipt or proof of purchase.
If the return is approved by us, the Customer shall bear the cost of returning the goods. Shipping costs are non-refundable.
6. WARRANTY
6.1 All products are covered by a 12-month parts and labor warranty.
6.2 Warranty excludes normal wear and tear of parts. Proof of purchase date is your sales receipt showing the date of purchase of the product.
6.3 This warranty becomes VALID ONLY if the product is assembled/installed by the instructions for the product. Instructions are available at www.lupitpole.com
6.4 This warranty does not apply to Products that are damaged or defective:
(a) due to accident, abuse, mishandling or lack of care;
(b) due to the use of parts not manufactured or sold by Lupit Pole;
(c) due to modifications to the product
6.5 In the event of a product defect, Kinky-shoes must be notified in writing of the defect by email provided with pictures of the defect:
lupitpole@kinky-shoes.nl
6.6 Goods covered by the warranty can be returned only with the consent of Lupit Pole.
6.7 If Lupit Pole's inspection of the goods reveals that the defects are due to faulty materials or workmanship, Lupit Pole will repair or replace the goods free of charge at its discretion.
6.8 Lupit Pole and Kinky-shoes are liable only to the extent and under the circumstances described above. In particular, Lupit Pole and Kinky-shoes can't be held liable for any financial loss, injury, or damage suffered by the Customer or any other person due to any defect in the Goods unless Lupit Pole or Kinky-shoes has negligently caused or contributed to such defect.
6.9 Therefore, Lupit Pole and Kinky-shoes cannot be held responsible for the negligence of others. If the Customer sells Lupit Pole's goods, the Customer is not authorized to make any representations or warranties concerning Lupit Pole's products.
6.10 The warranty does not apply to and is void for products that have been misused, altered or tampered with, or products that have been damaged by the user's negligence or willful default.
7. DELIVERY, RISK AND INSURANCE
7.1 Delivery/shipping quotes are based on the best information available at the time of the section. Lupit Pole and Kinky-shoes can't be held liable for delays in delivery due to causes beyond our control or the control of our suppliers or subcontractors that make delivery impossible or commercially unreasonable. Lupit Pole and Kinky-shoes can't be held liable for any loss, damage, or expense resulting from delays in delivery or non-delivery.
7.2 All deliveries are subject to the packaging and transport costs indicated. Lupit Pole and Kinky-shoes reserve the right to change these charges at any time without notice. All delivery costs are excluded from the discounts indicated or offered. The goods pass to the risk of the Customer as soon as they leave the Lupit Pole's premises. Upon request, Lupit Pole will provide insurance for delivery, which will be charged at cost.
7.3 The Customer shall bear the cost of returning the goods. Shipping costs are non-refundable.
7.4 If the Customer receives a refund, the cost of return shipping will be deducted from the refund.
7.5 The Customer must track the order and verify if the order was delivered to their address or a pick-up point. If the order was delivered to a pick-up point, please contact the local courier to whom the order was sent to for further instructions. It is not our responsibility to track the order or contact the local courier.
7.6 If the order is not picked up in time or declined at delivery, the Customer is responsible for shipping and handling charges both ways.
