Terms of service
Terms of Service
Overview
Welcome to LUCA! The terms "we", "us" and "our" refer to LUCA. LUCA operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalised shopping experience (the "Services"). LUCA is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
Please note – pre-sale period: our store is currently in the pre-sale phase. Orders placed now are pre-orders: no payment is charged yet, and no processing or shipping takes place. These Terms of Service also apply to pre-orders, on the understanding that final handling (payment, processing and shipping) will only take place after the official opening of the store, in the second half of October 2026. See our pre-sale notice at checkout for more information.
Section 1 – Access and account
By agreeing to these Terms of Service, you represent that you are at least 18 years old, or that you are acting with the consent of a parent or guardian, and you have given us permission to allow minors dependent on you to use the Services on devices you own, purchase, or control.
To use the Services, including browsing our online store or purchasing products or services we offer, you may be asked to provide certain information, such as your email address, billing details, shipping address and payment information. You represent and warrant that all information you provide in our store is correct, current and complete, and that you have all rights necessary to provide such information.
You are solely responsible for the security of your login credentials and for all activity on your account. You may not transfer, sell, assign or license your account to another person.
Section 2 – Our products
We have made every effort to provide an accurate representation of our products and services in our online store. Please note, however, that colours or the appearance of products may differ from how they appear on your screen, due to the type of device you use and its settings.
All product descriptions may be changed at any time. We reserve the right to discontinue a product at any time and may limit the quantities available.
This does not affect your legal right to a product that conforms to the contract, as provided under applicable consumer law.
Section 3 – Orders
When you place an order, you are making an offer to purchase. LUCA reserves the right to refuse your order for a legitimate reason (for example, in case of suspected fraud or an error in price or stock). Your order is only accepted once LUCA has confirmed acceptance. Please check your order carefully before submitting it.
In the event that we do not accept, modify, or cancel an order, we will notify you as soon as possible via the email address or phone number provided when placing the order.
Your purchases may be returned or exchanged in accordance with our Return and Refund Policy, without prejudice to your statutory right of withdrawal as a consumer within the European Union.
You represent that your purchases are for your own personal or household use and not for commercial resale or export.
Section 4 – Pricing and billing
Prices, discounts and promotions may change without prior notice. The price charged for a product is the price in effect at the time the order is placed, as stated in the confirmation email. Unless expressly stated otherwise, prices shown include VAT and exclude shipping costs.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You represent that the payment details you provide are correct and complete, and that you are authorised to use the chosen payment method.
Section 5 – Shipping and delivery
All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers or events reasonably beyond our control. The risk of loss or damage during transit lies with us until you, or a third party designated by you, take possession of the product, in accordance with applicable consumer sales regulations.
Section 6 – Age verification for alcoholic beverages
Our online store sells, among other products, alcoholic beverages. In accordance with the Dutch Alcohol Act (Alcoholwet), we sell these products exclusively to persons aged 18 or older, regardless of any parental or guardian consent as referred to in Section 1.
When placing an order that includes alcoholic beverages, you are required to actively confirm that you are 18 years of age or older. This confirmation takes place before the ordering process is completed.
Age is also verified upon delivery. The delivery person is required to check the recipient's age when handing over alcoholic beverages, for example by means of a valid form of identification. We reserve the right to refuse delivery if age cannot be established.
Section 7 – Intellectual property
Our Services, including all trademarks, text, images, graphics and their design, are owned by LUCA, its licensors, or Shopify, and are protected by applicable intellectual property law.
These Terms permit you to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, or create derivative works from material on the Services without our prior written consent.
LUCA's names, logos and slogans are trademarks of LUCA. Shopify's name, logo and trademarks are owned by Shopify.
Section 8 – Optional tools
You may be given access to third-party tools that are part of the Services, over which we have no control. We provide access to such tools "as is", without warranties, and accept no liability for your use of them. Use of such tools is at your own risk; we recommend you review the relevant third-party provider's terms.
Section 9 – Third-party links
The Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of such websites. If you choose to visit them, you do so at your own risk.
Section 10 – Relationship with Shopify
LUCA is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are made directly with LUCA. Shopify is not responsible for any aspect of a sale between you and LUCA.
Section 11 – Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy. As the Services are hosted by Shopify, Shopify processes personal information about your use of the Services in order to provide them to you, in accordance with the General Data Protection Regulation (GDPR). Please refer to our Privacy Policy for more information on how we and our partners process your data.
Section 12 – Feedback
If you submit ideas, suggestions, reviews or other content ("Feedback") to us, you grant us a non-exclusive, royalty-free licence to use, reproduce and publish it for purposes related to the Services, including promotion. We are not obliged to keep your Feedback confidential, compensate you for it, or respond to it.
You warrant that your Feedback does not infringe the rights of third parties and does not contain unlawful, defamatory, or harmful content.
Section 13 – Errors, inaccuracies and omissions
Information on the Services may occasionally contain typographical errors or inaccuracies relating to product descriptions, pricing, or availability. We reserve the right to correct errors and update information, even after an order has been placed, without prejudice to your legal rights as a consumer.
Section 14 – Prohibited uses
You may only use the Services for lawful purposes. You may not use the Services to: violate the law; infringe intellectual property rights; harass or harm others; spread misleading information; send unsolicited advertising ("spam"); impersonate another person or entity; or use viruses, malware, or automated tools (including scrapers, bots, or AI agents) to gain unauthorised access to the Services.
We reserve the right to suspend or terminate your account if you breach these Terms.
Section 15 – Agents
This provision applies if you use software or a service that accesses the Services on your behalf autonomously or semi-autonomously ("Agent").
An Agent may only use the Services if it clearly identifies itself as such in every request (for example, via the user-agent string: "Agent/[agent name]"), does not impersonate a human user, and does not circumvent technical measures intended to limit or control automated access. We may restrict Agent access at any time.
Section 16 – Termination
We may terminate this agreement or your access to the Services if you breach these Terms, subject to a reasonable notice period where required by law. You remain liable for all amounts owed up to the date of termination.
Section 17 – Disclaimer of warranties
Information on the Services is provided solely for general informational purposes and is compiled with the greatest possible care. We do not guarantee that the Services will be uninterrupted, timely, or error-free.
To the extent permitted by law, and without prejudice to your mandatory statutory rights as a consumer (including the right to a product that conforms to the contract), the Services are provided "as is" and "as available", without further warranties beyond those legally required.
Section 18 – Limitation of liability
To the extent permitted by law, and without prejudice to our liability for intent, gross negligence, or death and personal injury, LUCA and its staff, agents, and service providers are not liable for indirect damages, consequential damages, loss of profit, or loss of data arising from your use of the Services, unless mandatory applicable law requires otherwise.
Section 19 – Indemnification
You agree to indemnify LUCA, Shopify, and our respective staff against reasonable costs and third-party claims arising from your breach of these Terms, your breach of the law, or your use of the Services.
Section 20 – Severability
If any provision of these Terms of Service is found to be unlawful or unenforceable, that provision shall remain enforceable to the extent permitted by law, and the remaining provisions shall remain in full force and effect.
Section 21 – Waiver; entire agreement
The failure to exercise any right under these Terms does not constitute a waiver of that right. These Terms of Service, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and us regarding your use of the Services.
Section 22 – Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms to a legal successor, notifying you where this affects your rights.
Section 23 – Governing law
These Terms of Service and all agreements between you and LUCA are governed by Dutch law.
Disputes shall be submitted to the competent court in the Netherlands. If you reside as a consumer in another EU member state, you may also bring proceedings before the competent court of your own place of residence, to the extent mandatory European law grants you this right.
Section 24 – Headings
The headings used in these Terms are for convenience only and do not limit the content of the respective provisions.
Section 25 – Changes to the Terms of Service
You can view the most recent version of these Terms of Service on this page at any time.
We reserve the right to amend these Terms. In the event of significant changes, we will notify you in accordance with applicable law. Your continued use of the Services after changes are published constitutes acceptance of those changes.
Section 26 – Contact information
For questions about these Terms of Service, please email us at info@lucanijmegen.nl.
Our details:
LUCA NIJMEGEN
info@lucanijmegen.nl
KVK-NUMMER:42163867