Terms & Conditions

PROPERTY – COPYRIGHT & TRADEMARK

LAURA BLAGOGEE COUTURE is the owner of the web site LAURABLAGOGEE.COM and its contents. This includes, but is not limited to, the documentation, images, characters, design, music, software, codes and format scripts. The material included in the web site LAURABLAGOGEE.COM is protected by copyright.

  1. These general conditions are applicable to all Laura Blagogee Couture offers and supplies.
  2. The following conditions apply to all sales offers and supplies. They are binding on both parties with the exclusion of other deviating conditions laid down by the buyer, unless the seller in writing accepts those conditions. The placing of any order by the buyer implies that the buyer is aware of these conditions and accepts them without reservation.
  3. Dutch law shall govern all agreements concluded under the terms of these conditions. All disputes arising from such agreements shall be settled to the competent court in Haarlem. The applicability of these Vienna Sales Convention (CISG) is explicitly excluded.
  4. All offers are without engagement unless otherwise agreed in writing.
  5. Delivery and risks will transpire at the moment of transfer of the goods to a professional carrier, or, in the event that the goods are collected by the buyer of delivered by the seller, at the moment of receipt of the goods by the buyer or delivery to the buyer warehouse or store. Transport of the goods to the Dutch border will be for seller’s account. Outward customs clearance will be for the buyer’s account. When delivery shall be taken to be the last date to the agreed term of call/delivery.
  6. Upon expiry of the (agreed) term of date of delivery term of 28 days automatically comes into effect. The terms and dates of delivery are always indicative and never binding.
  7. The seller have the right to cancel the order, either wholly or partly, at his own discretion and without judicial intervention of the legal authorities, or to demand payment in advance for deliveries still to be made of:
    1. he is unable to cover or cover sufficiently the credit risks ensuring from the said order(s) with an insurer of his own choice;
    2. the financial position of the buyer deteriorates before the order(s) has/have been executed.
      1. Claims are only valid if they are made in writing with a clear description of the complaint and are submitted to the seller by means of a return from within 2 weeks of receipt of the goods, and provided the goods are still in the state in which they were delivered. After the term of 14 days, mentioned in the previous sentence, had lapsed, the buyer shall not longer be entitled to suspend the obligation to pay or to offset  debts in any way whatsoever.
      2. Slight  deviations in quality, colour, size, weight, finish, design, ect. Permissible in the trade and/or technically unavoidable shall constitute no reason for complaint.
      3. In the event of justifiable claims, the seller had the choice of either crediting the goods or repairing or replacing them within 30 (in words: thirty) days after receipt of the returned goods.
      4. If the goods are not supplied on time correctly, or if the rights of any third party are breached, the buyer may not claim damages unless the same are the consequence of a deliberate action or gross negligence on the part of the seller. Nor shall the buyer be entitled to suspend or offset any obligation to pay. The seller shall never be liable for any amount higher than the full amount paid out by the insurer to the seller in the situation in question.
        1. Payment of the purchase price shall be effected in Haarlem, the Netherlands, to an account to be indicated by the seller.
        2. Payments are always takes as settlement of the oldest due receivables.
        3.  In the event of payment through a bank, the date of payment shall be deemed to be the date the due amount is credited to the seller’s account. Of payment is made by cheque, the date of payment shall be the date on which the seller cashes the cheque.
        4. The buyer who had not paid by the due date at the least shall be deemed to be in default vis-à-vis the seller without any notice of default being required.
        5. Whenever the buyer fails to pay by the due date, default interest shall be charged at a rate of 1,5% of the principal sum due per month. In addition, the buyer shall also be liable to pay the extrajudicial collection costs amounting 15% of the principal sum increased by the default interest.
  1. If the buyer fails to pay on time, the seller shall be entitled to demand cash payment in advance for all deliveries yet to be effected or to demand a guarantee that payment will be made on time. He shall also be entitled to cancel the contract, either wholly or partly, or to suspend further execution of the order until all due invoiced amounts have been settled.
  2.  All the goods supplied shall remain the property of the seller until all the invoices – including those not ye overdue – , interest and/or extrajudicial collection costs have been paid. So long as the seller retains a claim on the buyer, the seller shall be entitled to repossess the goods and the buyer shall not be to transfer the seller’s goods, in whatsoever from (as security), to third parties or to consign the goods to a third party, or to dispose of or encumber them. If such a situation arises, the seller shall be entitled to have unhindered access to the delivery. In respect of goods repossessed on the grounds of this article, the buyer shall be cooperate fully in respect of the repossession and shall bear all the costs involved in having the delivery returned to the seller.
  3. Circumstances of force majeure which delay or prevent the delivery of the goods shall release the seller from his duty  to make delivery on time and shall in no way be a reason to make the seller liable. By force majeure is understood, every circumstance beyond the seller’s control, such as, but not exclusively: war, riots, strikes, government measures, events of any kind that disrupt seller’s production, disruption in the normal supply of raw materials and ancillaries to the seller, and hold-ups in transport of the products by the means of transport chosen by the seller.

The buyer shall not infringe the intellectual property rights (such as, but not exclusively: trademarks rights, trade names, design rights, patents and copyrights) of Laura Blagogee Couture.

GENERAL CONDITIONS OF SALE of LAURA BLAGOGEE Couture (hereinafter Laura B.couture) registered in the trade register under number 34385490.

  1. These general terms and conditions of sale apply to all sales, quotations and deliveries from Laura B. Couture.
  2.  These general terms and conditions of sale are binding on both parties, expressly
    exclusion of other conditions of the buyer unless written by the seller accepted deviations. By ordering, the buyer declares to be aware of these conditions and to agree without reservation with the applicability.
  3.  All disputes arising from or related to the agreements will be resolved be subject exclusively to the judgment of the competent court in Haarlem. The applicability of the Wiens Purchase Agreement is expressly excluded. Dutch law applies exclusively to agreements, as well as to all disputes are related to or arise from these agreements.
  4.  All quotations are without obligation, unless otherwise agreed in writing.
  5. Delivery and transfer of risk take place through transfer of the goods to the professional carrier or, in case the goods are collected by the buyer or by the seller are delivered, upon receipt of the goods by the buyer or into the buyer’s warehouse. The seller will bear the costs of transport until the Dutch border. Customs clearance is the responsibility of the buyer. When delivery depends is called for by the buyer and the buyer fails to make the call, the delivery date is the last day of the agreed call-off period or delivery period.
  6.  After the (agreed) delivery period/date has expired, a subsequent delivery period of 4 weeks in effect. Delivery time/dates are always indicative and not binding.
  7. The seller is entitled to accept all orders, without judicial intervention, at his own discretion to dissolve in whole or in part, or to pay in advance for the work still to be done to demand deliveries if:
    a. He cannot or cannot sufficiently manage the credit risks arising from the order(s) in question cover with a credit insurer to be determined by him;
    b. The buyer’s financial position deteriorates before the order(s) are complete executed.
  8. a. Complaints can only be made if within 14 (say: fourteen) days after receipt of the goods in writing and clearly described by means of a return slip submitted to the seller and provided that the goods are still in the condition in which they were \are delivered. After the said period of 14 days, the buyer is no longer entitled to suspend payment obligations or to settle its claims in any way.
    b. Minor deviation considered commercially acceptable or technically unavoidable quality, color, size, weight, finish, design, etc. do not form a basis for complaints.
    c. In case of justified complaints, the seller has the choice to credit the goods must be repaired or replaced within 30 (say: thirty) days after receipt returns.
  9. The buyer can in the event of failure to deliver on time or incorrect delivery or in the event of violation of any rights of third parties do not entitle you to compensation for damage unless this is direct and is exclusively the result of intent or gross negligence on the part of the seller. Also seller has no right to suspend or stop his payment obligation. Seller is never liable for consequential damage suffered by the buyer. The seller is never liable for this a higher amount that the buyer has paid to the seller in the relevant case, or up to the amount that the seller’s insurer pays out in the relevant case.
    a. payment of the purchase price must be made in Haarlem, the Netherlands, by account to be designated by the seller.
    b. Payments are always used to settle the oldest overdue claims.
    c. When paying via a bank, the date of payment is the day of crediting bank account of the seller. When paying by cheque, the date of payment is date the check was cashed by the seller.
  10. The buyer who has not paid by the due date is without that warning is necessary to the seller in default.
    a. For any late payment, the buyer is liable to pay default interest in the amount of 1.5% of the principal amount due per month, with part of the month as one is counted. The buyer is then liable for extrajudicial collection costs size of 15% of the principal sum plus default interest.
    b. If the buyer fails to pay on time, the seller is entitled to all damages deliveries to be made, cash payment for delivery of the goods or guarantee for to demand timely payment, to cancel the contract in whole or in part, or the to suspend further execution of the order until all overdue invoice amounts have been settled are.
  11. All delivered goods remain the property of the seller until payment of all invoices, interest and/or extrajudicial costs, including those not yet due, has been made. As long as the seller still has something to claim, he is entitled to take back the goods and the buyer is not entitled to transfer the seller’s goods in any form (as security) to third parties or to give them on consignment to third parties or in any way whatsoever. to alienate or encumber in any other way. Where appropriate, the seller will be entitled to: unhindered access to deliveries. For goods taken back under this article buyer will be credited with the market value of those goods on the day of repossession. The buyer will provide all cooperation and bear costs to make deliveries to the seller return.

12. Force majeure due to which delivery of the goods is delayed or prevented seller has the obligation to deliver on time and will not give rise to which liability of the seller whatsoever. Force majeure means any circumstance beyond the seller’s control, such as, but not limited to: war, riots, strikes, government measures, business disruptions at the seller of any kind, disruptions in the normal supply of raw materials and consumables for the benefit of the seller, as well as stagnation in the transport of products by means of transport chosen by the seller.
13. The buyer will not infringe any intellectual property rights (including but not limited to exclusively trademark rights, trade names, design rights, patents and copyrights) of Laura B. couture or affiliated companies or other companies that are part of  Laura B. couture.

14.In the event of cancellation of a garment at Laura Blagogee Couture, the following conditions apply:

Once an order has been placed and a deposit has been paid, it is considered final. Cancellation of the order after the down payment may result in non-refund of the down payment and additional costs, such as processing costs and costs for production operations already incurred. We strive to provide our customers with the best possible service, but would like to point out that cancelling an order after it has gone into production may result in unavoidable costs. We therefore advise customers to consider carefully before placing an order and ask any questions prior to ordering to avoid misunderstandings.