Terms of service

1. ABOUT US

This website is operated by LALAYAGA.

Our legal business details are:

Legal business name:  Bit of jam
Trading name: LALAYAGA
Registered business address: Griegstraat 50, 5011HP Tilburg, Netherlands
Chamber of Commerce (KVK) number: 96047690
VAT identification number: NL005185021B32
Email address: kate.karska@gmail.com
Website: https://lalayaga.com

Throughout these Terms of Service, the terms “LALAYAGA”, “we”, “us” and “our” refer to the legal business identified above.

Our online store is hosted by Shopify, which provides the e-commerce platform that enables us to offer our products and services to you. However, all purchases made through our store are contracts between you and LALAYAGA.

1. SCOPE OF THESE TERMS

These Terms of Service apply to your access to and use of lalayaga.com and to all purchases made through our online store.

By visiting our website or placing an order, you agree to these Terms of Service, our Privacy Policy, Return and Refund Policy and Shipping Policy.

Nothing in these Terms limits or excludes any mandatory rights you have under applicable consumer law.

You must be at least 18 years old or have permission from your parent or legal guardian to place an order.

1. PRODUCTS

We sell clothing and related products, including products manufactured or printed on demand after an order has been placed.

We make reasonable efforts to display product descriptions, colours, sizing and images accurately. However, colours may appear slightly different depending on your screen and device settings.

Because some products are printed or manufactured on demand, minor variations in colour, placement or finish may occur. Such minor variations are not necessarily defects, provided that the product conforms to its description and meets the standards a customer may reasonably expect.

Please check the product description and size guide carefully before placing your order.

1. ORDERS AND CONTRACT FORMATION

By placing an order, you make an offer to purchase the selected products.

After you place an order, you will receive an automatic order confirmation. This confirms that we have received your order but does not necessarily mean that the order has been accepted.

A binding purchase agreement is formed when we accept your order and begin processing or producing it, or when we send you a separate confirmation that the order has been accepted.

We reserve the right to reject or cancel an order for a legitimate reason, including:

• the product being unavailable;
• an obvious pricing or product information error;
• suspected fraud or unauthorised payment;
• an invalid or incomplete delivery address;
• restrictions affecting delivery to the selected destination; or
• a breach of these Terms.

If we cancel an order after payment has been received, we will refund the amount paid using the original payment method.

Please review your order and delivery details carefully before completing your purchase. If you notice an error, contact us as soon as possible. We cannot guarantee that changes will be possible after production or fulfilment has started.

1. PRICES, TAXES AND PAYMENT

The prices displayed in our store include VAT or other applicable sales taxes where required by law.

The total price payable, including any applicable taxes and additional charges, will be shown before you complete your order.

We currently offer free standard shipping to destinations available at checkout unless expressly stated otherwise.

For deliveries outside the European Union, the destination country may impose import duties, customs charges or local taxes. Unless checkout expressly states that these charges are included, they may be collected from the recipient by the local authorities or delivery carrier. We do not control these charges.

Available payment methods are displayed during checkout and may depend on your location. Payments are processed securely by Shopify or the relevant payment provider.

You confirm that you are authorised to use the payment method selected for your order and that the information you provide is accurate and complete.

1. PRODUCTION, SHIPPING AND DELIVERY

Many LALAYAGA products are produced after an order is placed. The estimated delivery time may therefore consist of both a production period and a shipping period.

Available delivery destinations and estimated delivery information are displayed on our website or during checkout. Delivery times are estimates unless we expressly agree to a specific guaranteed delivery date.

We aim to deliver within the indicated timeframe and, for consumers in the European Union, no later than 30 days after the order unless a different delivery period has been agreed.

If delivery is materially delayed, please contact us. Where required by law, you may give us an additional reasonable period to complete delivery. If we still fail to deliver, or if delivery by a specific date was essential and agreed in advance, you may be entitled to cancel the purchase and receive a refund.

We remain responsible for the products until they are received by you or by a third party designated by you, other than the carrier.

If you independently arrange for a carrier that was not offered by us, risk may pass to you when the product is handed to that carrier, to the extent permitted by law.

You are responsible for providing a complete and accurate delivery address. Additional costs caused by an incorrect address, an unclaimed parcel or an unjustified refusal of delivery may be charged to you where permitted by law.

Further delivery information is provided in our Shipping Policy.

1. RIGHT OF WITHDRAWAL

If you are a consumer located in the European Union or another country that provides a statutory right of withdrawal, you generally have the right to withdraw from an online purchase without giving a reason.

The withdrawal period is 14 calendar days from the day on which you, or a third party designated by you other than the carrier, receives the product.

For an order containing multiple products delivered separately, the withdrawal period begins when the final product is received.

To exercise your right of withdrawal, you must clearly inform us before the withdrawal period expires. You may do this through the cancellation or return function available on our website, by using the statutory model withdrawal form.

You must send the product back within 14 days after notifying us of your withdrawal. Please contact us before returning a product so that we can provide the correct return instructions and return address.

Unless the product is defective, incorrect or damaged, you are responsible for the direct cost of returning the product, where permitted by law.

You may inspect the product in the same way that you would reasonably inspect it in a physical shop. You may be responsible for any reduction in value resulting from handling beyond what is necessary to establish the product’s nature, characteristics and functioning.

1. PERSONALISED PRODUCTS

The statutory right of withdrawal may not apply to products that are made according to your individual specifications or are clearly personalised, for example a product featuring a name, image or design supplied or specifically selected by you for personalisation.

The fact that a standard LALAYAGA product is printed or manufactured only after an order is placed does not by itself remove your statutory right of withdrawal.

Where the withdrawal exception applies to a genuinely personalised product, this will be clearly communicated before you place the order.

This exception does not affect your rights if a personalised product is defective, damaged, incorrect or does not conform to the agreement.

1. REFUNDS AFTER WITHDRAWAL

When you validly exercise your right of withdrawal, we will reimburse the payments received from you for the returned product.

Where you paid for standard delivery, we will also reimburse the standard delivery charge as required by law. Additional costs resulting from your choice of a more expensive delivery method are not refundable beyond the cost of our least expensive standard delivery method.

We will issue the refund no later than 14 days after receiving your withdrawal notice. However, we may withhold the refund until we receive the returned product or until you provide evidence that it has been sent back, whichever occurs first.

Refunds will normally be made using the same payment method used for the original transaction unless another method is expressly agreed.

Further details are provided in our Return and Refund Policy.

1. DAMAGED, INCORRECT OR DEFECTIVE PRODUCTS

Please inspect your order after delivery.

If a product arrives damaged, defective, incorrect or materially different from its description, contact us as soon as reasonably possible at [CUSTOMER SERVICE EMAIL].

Please include:

• your order number;
• a description of the problem; and
• clear photographs of the product, packaging and shipping label where relevant.

Depending on the circumstances and your applicable legal rights, we may offer repair, replacement, redelivery, a price reduction or a refund.

We will cover reasonable return or replacement costs where the product is defective, damaged, incorrect or otherwise does not conform to the purchase agreement.

Nothing in these Terms limits your statutory right to receive products that conform to the agreement or any statutory guarantee available under applicable consumer law.

1. CANCELLATIONS BEFORE FULFILMENT

If you wish to cancel or change an order before it has been fulfilled, contact us immediately.

Because products may enter production shortly after an order is placed, we cannot guarantee that a cancellation or change will still be possible.

This section does not limit any statutory right of withdrawal or other mandatory consumer right.

1. PROMOTIONS AND DISCOUNT CODES

Discount codes and promotional offers may be subject to separate conditions, including validity dates, product exclusions and minimum order values.

Unless expressly stated otherwise:

• only one discount code may be used per order;
• discount codes cannot be exchanged for cash;
• discounts cannot be applied retroactively; and
• promotional offers may not be combined.

We may cancel or correct a promotion where it contains an obvious error or has been used fraudulently.

1. CUSTOMER ACCOUNTS

You may be able to create a customer account or access order information through Shopify’s customer account services.

You are responsible for keeping your login details secure and for notifying us if you believe your account has been used without authorisation.

You must provide accurate, current and complete information. We may restrict or close an account if it is used fraudulently, unlawfully or in breach of these Terms.

1. INTELLECTUAL PROPERTY

The content of this website, including the LALAYAGA name, logos, designs, artwork, photographs, graphics, product descriptions, text and other materials, is owned by or licensed to LALAYAGA and is protected by applicable intellectual property laws.

You may use the website and its content only for personal, non-commercial purposes.

You may not copy, reproduce, modify, distribute, sell, license, publish or commercially exploit our content without prior written permission, except where permitted by law.

1. ACCEPTABLE USE

You may not use our website:

• for unlawful or fraudulent purposes;
• to infringe intellectual property or privacy rights;
• to transmit malware, harmful code or disruptive content;
• to attempt to gain unauthorised access to the website or related systems;
• to collect information about other users without lawful authority;
• to place fraudulent orders; or
• in any way that interferes with the operation or security of the website.

We may suspend access to the website where reasonably necessary to protect our customers, systems or legal rights.

1. THIRD-PARTY SERVICES AND LINKS

Our store uses services provided by third parties, including Shopify, payment providers, fulfilment partners and delivery carriers.

Our website may also contain links to third-party websites. We are not responsible for the content or independent practices of third-party websites. Their own terms and privacy policies may apply.

Nothing in this section removes our responsibility for fulfilling our obligations to you as the seller.

1. PRIVACY

We process personal information in accordance with our Privacy Policy and applicable data protection law, including the General Data Protection Regulation where applicable.

Shopify and other service providers may process information necessary to operate the store, process payments, fulfil orders and provide customer services.

Please review our Privacy Policy for further information about how personal information is collected, used and protected.

1. AVAILABILITY OF THE WEBSITE

We try to keep our website available and accurate, but we cannot guarantee uninterrupted or error-free access at all times.

We may temporarily suspend or modify the website for maintenance, security, technical or operational reasons.

Temporary website unavailability does not affect contracts that have already been formed or your existing statutory rights.

1. LIABILITY

We are responsible for foreseeable loss or damage caused by our failure to comply with these Terms or by our negligence, subject to applicable law.

We are not responsible for loss or damage that is not reasonably foreseeable, results from information or instructions supplied incorrectly by you, or is caused by circumstances outside our reasonable control, except where the law provides otherwise.

We do not exclude or limit liability where doing so would be unlawful, including liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• wilful misconduct or gross negligence; or
• breach of mandatory consumer rights.

If you are purchasing as a consumer, these Terms do not limit any remedies available to you under applicable consumer law.

1. EVENTS OUTSIDE OUR REASONABLE CONTROL

We are not responsible for delay or failure caused by events outside our reasonable control, such as natural disasters, war, civil unrest, strikes, government restrictions, major transport disruptions, widespread technical failures or similar events.

If such an event affects an order, we will take reasonable steps to minimise the delay and keep you informed. Your mandatory rights concerning delayed or failed delivery remain unaffected.

1. COMPLAINTS

If you have a complaint, please contact us using the details below:

Email: kate.karska@gmail.com
Postal address: Griegstraat 50, 5011HP Tilburg

Please include your name, order number where applicable, and a clear description of the issue.

We will acknowledge and handle complaints within a reasonable period and aim to find an appropriate solution.

1. GOVERNING LAW AND DISPUTES

These Terms and contracts made through our store are governed by the laws of the Netherlands.

If you are a consumer residing in another country, this choice of law does not deprive you of any mandatory consumer protections provided by the law of your country of residence.

Any dispute may be submitted to a competent Dutch court. Consumers may also bring proceedings before another court that has jurisdiction under mandatory consumer protection rules.

Before starting court proceedings, we encourage you to contact us so that we can attempt to resolve the matter directly.

1. CHANGES TO THESE TERMS

We may update these Terms when necessary, for example to reflect legal, operational or service changes.

The version applicable to your order is the version available when you place that order. Changes made later will not retroactively alter an existing purchase agreement unless required by law or expressly agreed with you.

The current version and its revision date will be published on this page.

1. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

The invalid provision will be replaced or interpreted, to the extent permitted by law, in a way that most closely reflects its lawful purpose.

1. CONTACT INFORMATION

Questions about these Terms or an order should be sent to:

LALAYAGA
Legal business name: Bit of jam
Registered business address: Griegstraat 50, 5011HP Tilburg, Netherlands
Email: kate.karska@gmail.com
KVK number: 96047690
VAT identification number: NL005185021B32
Website: https://lalayaga.com