Privacy Policy

Terms and Conditions La Aventura Clothing
ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, always indicated with a capital letter, are used with the following meaning.

1. La Aventura: La Aventura Clothing, the user of these general terms and conditions, located at Rolklaver 77, 7422 RE in Deventer, registered in the Chamber of Commerce under Chamber of Commerce number 86839713.
2. Consumer: any natural person, not acting in the course of a profession or business, with whom La Aventura Clothing has entered into or intends to enter into an Agreement.
3. Parties: La Aventura Clothing and the Consumer collectively.
4. Agreement: any agreement concluded between Parties through the ordering process on the Website, in the context of which La Aventura Clothing has committed to delivering Products to the Consumer. Products: the items to be delivered by La Aventura Clothing to the Consumer under the Agreement, including, but not limited to, hoodies, T-shirts, sweaters, tracksuits, shoes, bags, and accessories.
5. Website: laaventuraclothing.com or any other website where Products are offered and can be ordered, and to which these general terms and conditions apply.
6. Written: communication in writing, communication by email, or any other means of communication that can be considered equivalent with regard to the state of the art and prevailing social norms.

ARTICLE 3. | OFFER AND FORMATION OF THE AGREEMENT

1. Every offer from La Aventura Clothing is non-binding and subject to the sufficient availability of the offered Products. La Aventura Clothing can revoke its offer immediately, or at least as soon as possible after acceptance by the Consumer. If, in such a case, the Consumer has already made a payment, this will be refunded as soon as possible, but no later than one working day.
2. The Consumer cannot derive any rights from an offer from La Aventura Clothing that contains an obvious mistake or error.
3. The Agreement is concluded, notwithstanding the provisions of paragraph 1, at the moment the order on the Website by the Consumer is completed and sent. Subsequently, the order will be confirmed to the Consumer by email as soon as possible, notwithstanding the provisions of paragraph 1.

ARTICLE 4. | RIGHT OF WITHDRAWAL

1. Except as provided in the rest of this article and in particular the provisions of the next paragraph, the Consumer can withdraw from the Agreement up to 14 days after the Products have been received by or on behalf of him, without stating reasons, either in whole or in part.
2. The Consumer has no right of withdrawal for the delivery of Products:
3. that are not suitable to be returned for reasons of health protection or hygiene, and whose sealing or immediate packaging has been broken after delivery, including underwear in any case;
4. with respect to which the right of withdrawal is otherwise excluded or does not apply under Section 6.5.2B of the Dutch Civil Code. These grounds are not relevant for the current product offering of La Aventura Clothing, but if this is the case in future cases, the relevant exclusion ground will be explicitly stated in the offer for the relevant Product.
5. The Consumer can withdraw from the Agreement by submitting a request to that effect to La Aventura Clothing by email or by using the withdrawal form provided by La Aventura Clothing. As soon as La Aventura Clothing has been informed of the Consumer's intention to withdraw from the Agreement and if the conditions of this article have been met, La Aventura Clothing will confirm the withdrawal of the Agreement by email. During the period referred to in paragraph 1, the Products to be returned and their packaging must be handled carefully. The Consumer may only handle and inspect the Products to the extent necessary to assess the nature and characteristics of the Products. The principle is that the Products may only be handled and inspected as would be permitted in a physical store.
6. If the Consumer exercises the right of withdrawal, he must return the Products undamaged, with all accessories provided, and in the original condition and packaging to La Aventura Clothing.
7. The Consumer is liable for any depreciation of the Products resulting from handling the Products beyond what is permitted under paragraph 4. La Aventura Clothing is entitled to charge this depreciation to the Consumer, whether or not by offsetting it against the payment already received from the Consumer.
8. Return of the relevant Products must take place within 14 days after the Consumer has invoked the right of withdrawal in accordance with paragraph 3.
9. If the Consumer exercises the right of withdrawal, the costs of returning the Products are borne by the Consumer.
10. La Aventura Clothing will refund the payment already received from the Consumer with respect to that part of the order that is returned, minus any depreciation as referred to in paragraph 6, as soon as possible, but no later than 14 days after the dissolution of the Agreement, provided that the Products have been received by La Aventura Clothing or the Consumer has proven that the Products have actually been returned. If the right of withdrawal is only applied to part of the order, the shipping costs paid by the Consumer initially are not eligible for a refund.

ARTICLE 5. | DELIVERY OF PRODUCTS & DELIVERY TIMES

1. Delivery of the Products takes place by delivering them to the delivery address or collection point specified by the Consumer.
2. La Aventura Clothing reserves the right to deliver the order in installments. In that case, the Consumer's cooling-off period in connection with the right of withdrawal only starts when the last partial delivery from the order has been received by or on behalf of the Consumer.
3. The risk of loss and damage to the Products passes to the Consumer at the moment the Products are received by or on behalf of the Consumer.
4. If no explicit delivery period has been agreed, La Aventura Clothing is legally obliged to deliver within thirty days after the conclusion of the Agreement. If a delivery time has been agreed, this is only an indicative, non-binding period. If La Aventura Clothing does not deliver within thirty days or the agreed delivery period, La Aventura Clothing is in default only if the Consumer has sent a Written notice of default to La Aventura Clothing, specifying a reasonable period within which La Aventura Clothing must still deliver and delivery has not taken place even after this period has expired. In case of La Aventura Clothing's default, the Consumer is entitled to dissolve the Agreement for that part to which La Aventura Clothing's default relates and he is entitled to proportional reimbursement or remission. A mere exceeding of the delivery period does not entitle the Consumer to any compensation.
5. If La Aventura Clothing incurs additional costs due to circumstances attributable to the Consumer, such as multiple delivery attempts, these costs will be borne additionally by the Consumer.

ARTICLE 6. | CONFORMITY

1. La Aventura Clothing guarantees that the Products comply with the Agreement and thus have the properties necessary for normal use (conformity).
2. The Consumer's right to initiate a claim or defense in connection with the existence of a defect in a Product expires if the Consumer has not complained to La Aventura Clothing about it within two months after discovering the defect.
3. It is presumed that the Product did not comply with the Agreement upon delivery if the deviation from what was agreed becomes apparent within twelve months after delivery (reversal of the burden of proof), unless the nature of the Product or the nature of the deviation precludes this. When invoking non-conformity, the Consumer is requested to demonstrate the non-conformity, for example by sending photos showing the defect. After the expiration of the mentioned twelve months, or if the nature of the Product or the nature of the deviation does not entail a reversal of the burden of proof, the Consumer is obliged to prove that the Product did not comply with the Agreement upon delivery.
4. No grounds for complaints and claims of non-conformity are defects in Products due to a cause external to the delivery or due to another circumstance not attributable to La Aventura Clothing. This includes, but is not limited to, defects resulting from external damage, natural wear and tear, incorrect or improper treatment, incorrect or improper use, and making changes to the Products, including repairs that have not been carried out with prior Written consent from La Aventura Clothing.
5. Products can only be returned to La Aventura Clothing with prior Written consent, except as provided in Article 4.
6. In the event the Consumer validly claims non-conformity, the Consumer, subject to the provisions of the next paragraph, is entitled to repair, replacement, or completion of the missing part. No costs may be charged to the Consumer for the exercise of these rights. La Aventura Clothing will cooperate within a reasonable time with the repair, replacement, or completion of the missing part.
7. In the event of a valid claim of non-conformity regarding a defective Product, the Consumer generally has the choice between repair and replacement, but since this can lead to unreasonable demands from the Consumer, the legislator has limited the choice between replacement or repair. In a consumer purchase, the Consumer cannot choose between repair and replacement if repair or replacement is impossible or cannot reasonably be demanded from La Aventura Clothing. Repair or replacement cannot be demanded from La Aventura Clothing if the costs thereof are disproportionate to the costs of exercising another right or another claim that accrues to the Consumer, given the value of the Product if it were to comply with the Agreement, the extent of the deviation from what was agreed, and whether the exercise of another right or claim does not cause the Consumer serious inconvenience.

ARTICLE 7. | FORCE MAJEURE

1. La Aventura Clothing is not obliged to fulfill any obligation from the Agreement if and as long as it is hindered by circumstances that cannot be attributed to it under the law, a legal act, or prevailing social views (force majeure). Force majeure includes, in addition to what is understood in the law and jurisprudence, transport restrictions, delay or default by La Aventura Clothing's suppliers, defects in auxiliary or transport means, epidemics, pandemics, war and war threats, staff incapacity, fire, measures by any government, disruptions in communication connections, in electricity or in equipment or software used by La Aventura Clothing.
2. If the force majeure situation makes the performance of the Agreement permanently impossible or lasts longer than one month, the Parties are entitled to terminate the Agreement immediately.
3. If, at the occurrence of the force majeure situation, La Aventura Clothing has already partially fulfilled its delivery obligations, or can only partially fulfill its delivery obligations, it is entitled to separately invoice the already delivered part or the still deliverable part of the Agreement as if it were a separate Agreement.
4. Damages due to force majeure are never eligible for compensation, without prejudice to the application of the previous paragraph.

ARTICLE 8. | PRICES, SHIPPING COSTS & PAYMENTS

1. Before the Agreement is concluded, the total price is stated, including VAT and any shipping costs. Shipping is free of charge for the Consumer in case of delivery within the Netherlands and Belgium.
2. Payment must be made through one of the payment methods offered by La Aventura Clothing, at the indicated time or within the indicated period. In case of advance payment, La Aventura Clothing is not obliged to execute the Agreement until the Consumer has paid the amount due.
3. La Aventura Clothing is entitled to provide the invoice to the Consumer by email.
4. If timely payment is not made, the Consumer is in default by operation of law. From the day the Consumer is in default, the Consumer owes La Aventura Clothing the then-current legal interest on the outstanding amount.
5. All reasonable costs, such as judicial, extrajudicial, and execution costs, incurred to obtain amounts owed by the Consumer, are borne by the Consumer. In this regard, there is no deviation in favor of the Consumer from the provisions of the Dutch Extrajudicial Collection Costs Act.

ARTICLE 9. | LIABILITY

1. The Consumer is responsible for damages caused by inaccuracies or incompleteness in the information provided by him. Furthermore, the Consumer is responsible for damages caused by a failure to comply with the obligations of the Consumer arising from the law or the Agreement, as well as any other circumstance that cannot be attributed to La Aventura Clothing.
2. The liability of La Aventura Clothing is limited to repair, replacement, or completion of the missing part as referred to in Article 6. If repair, replacement, or completion of the missing part is impossible, the liability of La Aventura Clothing is limited to at most the invoice value of the Agreement, or at least to that part of the Agreement to which the liability of La Aventura Clothing relates, provided that this limitation does not extend beyond what is allowed under Article 7:24 paragraph 2 of the Dutch Civil Code.

ARTICLE 10. | COMPLAINTS POLICY

1. Complaints can be submitted to La Aventura Clothing by email or in writing.
2. Complaints submitted to La Aventura Clothing will be answered within a period of seven days after receipt. If a complaint or question requires a longer processing time, La Aventura Clothing will reply within the seven-day period with an acknowledgment of receipt and an indication of when the Consumer can expect a more detailed answer.
3. If a complaint from the Consumer cannot be resolved through mutual consultation, the Consumer can submit the dispute to the disputes committee.

ARTICLE 11. | FINAL PROVISIONS

1. The annulment or invalidity of one or more provisions of these general terms and conditions does not affect the validity of the other provisions. In such a case, the Parties are obliged to enter into consultations to establish a replacement arrangement regarding the affected provision. In doing so, the purpose and scope of the original provision are taken into account as much as possible.
2. All Products delivered by La Aventura Clothing remain the property of La Aventura Clothing until the Consumer has fulfilled all payment obligations under the Agreement.
3. Dutch law exclusively applies to every Agreement and all legal relationships arising therefrom between the Parties.
4. Parties will only appeal to the court after they have made optimal efforts to settle the dispute through mutual consultation.
5. Only the competent judge within the district of the Overijssel court is designated to hear any judicial disputes between the Parties in the first instance, without prejudice to La Aventura Clothing's right to designate another judge competent under the law. However, the Consumer is entitled to choose the judge competent under the law within one month after La Aventura Clothing has announced in writing that it intends to litigate before the judge it has designated.