Terms and Conditions
General sales conditions consumers
- Seller: LOT
- located: Louis Braillestraat 6-06, 7442 DG Nijverdal, The Netherlands
- registered with the trade register of the Chamber of Commerce under number: 80633412
- VAT number: NL861743179B01
- visiting address: Louis Braillestraat 6-6, 7742 DG Nijverdal, The Netherlands
- email address: firstname.lastname@example.org
Buyer: the natural person who has reached the age of 18 and who is not acting in the exercise of a profession or business and with whom the Seller concludes an agreement.
Order: an order made by the Buyer in accordance with the procedure placed order for the delivery of one or more Products.
Product: a LOT product offered for sale by the Seller on the Website.
Purchase price: the price of a Product stated on the Website, including VAT.
article 1. applicability of general terms and conditions
1.1These general terms and conditions, which have been made available online by the Seller on the website, apply to all offers, orders, agreements and other legal relationships between the Buyer and the Seller with regard to the use of the Website, including the purchase/sale of a Product on or through the website.
article 2. conclusion and content of the agreement
2.1An Agreement between the Buyer and the Seller is only concluded by the Seller's acceptance of the Buyer's Order (the offer) placed on or via the Website as follows:
Buyer has selected the desired Product in desired style, color and size and has added the Product to his shopping cart;
Buyer has followed and completed the following steps;
Step 1: Buyer has entered his address details and, if the desired delivery address is not the same as the billing address, entered the desired delivery address;
Step 2: Buyer has checked the order;
Step 3: Buyer has selected the desired payment method and has possibly paid (partly) in advance.
The Order has been placed;
The Buyer will receive a confirmation of the Order placed electronically (via the Website. If the Order has been accepted by the Seller, the Seller will send a confirmation by email to the Buyer as soon as possible after the Order has been placed.
2.2The Seller reserves the right not to accept the Order placed by the Buyer if, among other things:
the total value of the Order is more than € 2,500;
the information entered by the Buyer is not correct and/or complete or the Seller can reasonably doubt whether this is the case;
payment has not been received by the Buyer within the agreed term;
Buyer has already failed to fulfill payment obligations towards Seller;
Buyer has not received and/or has not collected Orders previously placed with Seller;
there is an obvious mistake or error, for example in the prices displayed on the Website;
the desired delivery address is not located in the Netherlands.
article 3. method of delivery and delivery dates
3.1Delivery takes place by a carrier designated by the Seller.
3.2After the Agreement has been concluded, the Seller will send the Products as soon as possible, but at the latest within 14 days, to the address specified by the Buyer, provided that the full Purchase Price has been received by the Seller if the Buyer has opted for payment in advance and unless a longer delivery period has been agreed.
3.3Agreed delivery dates will be observed by the Seller as much as possible. However, the Buyer acknowledges that the delivery dates are based on the circumstances known to the Seller at the time of the conclusion of the Agreement and, insofar as dependent on the performance to be delivered by third parties, on the information provided to the Seller by those third parties.
3.4If the delivery is delayed, or if an Order cannot or only partially be executed, the Buyer will be notified of this within 14 days of the conclusion of the Agreement. The buyer can then dissolve the Agreement free of charge until the Order is shipped.
3.5The risk with regard to damage or loss of the Products is transferred to the Buyer from the moment of delivery.
article 4. price and payment
4.1The prices stated on the Website are shown in euros, include Value Added Tax (VAT) and exclude shipping costs. The shipping costs are charged per Agreement. When placing the Order and confirming the Agreement, the total Purchase Price due will be displayed.
4.2Seller may adjust the prices displayed on the Website from time to time without notice being required. The prices displayed at the time of placing the Order are the prices that are part of the Agreement.
4.3Payment takes place via the options shown on the Website and must be made no later than 14 days after delivery of the Product.
The buyer has the obligation to immediately inform the seller of inaccuracies in the payment details provided by the buyer to the seller.
4.5If the payment term is exceeded, the Buyer is legally in default and the Seller is entitled to charge statutory interest on the outstanding amount from the due date.
article 5. right to return
5.1The Buyer has the right to return the delivered Product within a period of 14 days after receipt of the Product, without giving any reason, in the manner indicated by the Seller, provided the Product has been unworn (clothing is allowed), undamaged and (as far as possible) ) is in original and undamaged packaging. When the Buyer makes use of this right, the shipping costs are for the Buyer.
5.2In the case referred to in the previous paragraph, the Seller will refund the Purchase Price as soon as possible, but no later than 14 days after the termination.
article 6. force majeure
6.1The Seller is not liable for any damage resulting from a delay in delivery or non-delivery caused by circumstances that prevent the fulfillment of the Seller's obligation and which are not attributable to the Seller, because they are not attributable to its liability or under any law, legal act or generally accepted opinion such as, but not limited to, war, danger of war, civil war, riot, government-declared national mourning, strike, transport difficulties, trade restrictions, problems with customs authorities, fire, flooding, earthquake, bankruptcy of the third parties engaged by the Seller, the non-delivery or late delivery of goods by the Seller's suppliers, disruptions in the regular supply of goods to be supplied by third parties, including water and electricity and other serious disruptions in the Seller's business or third parties engaged by it.
6.2If, due to force majeure, the Seller is unable or not in a timely manner to fulfill its obligations under the Agreement, the Seller has the right to perform the Agreement within a reasonable period of time or - if fulfillment within a reasonable period of time is not possible - to terminate the Agreement in full or partially dissolve, without being obliged to pay any compensation to the Buyer
article 7. complaints
7.1The contact details of the Seller regarding handling complaints can be found via the link Contact Lot which can be found on the Website.
7.2The Buyer must inspect the Product on delivery and inform the Seller within a reasonable time of any defects visible upon delivery or other complaints about the performance of the Agreement. Such complaints must be submitted in writing, fully and clearly motivated.
7.3Complaints received by the Seller will be answered within a period of 14 days after receipt. If a complaint requires a foreseeable longer processing time, the Seller will inform the Buyer of this within 14 days, stating the time frame within which the Buyer can expect a response.
7.4The Buyer acknowledges that minor and/or commercially acceptable deviations or technically impossible or difficult to avoid deviations in quality, size, colour, finish, etc. with regard to the Products cannot or are difficult to avoid and cannot be a valid reason for a complaint. . Such complaints as well as complaints about the fact that certain articles have been withdrawn from the range are unfounded. Seller is not liable for damage suffered by Buyer due to such complaints.
7.5The Buyer will fully cooperate with any recall action instituted by the Seller. Buyer will notify Seller immediately if Buyer suspects that a Product has a safety defect and is subject to a recall.
article 8. intellectual property rights
8.1All brands, product names, logos, models and designs depicted or indicated on the Products or otherwise associated with the Products (the “IP rights”) are the property of the Seller. Buyer acknowledges Seller's title to the IP Rights and will refrain from any use of the IP Rights and Buyer will refrain from any conduct that could damage or otherwise adversely affect the IP Rights .
8.2With regard to the intellectual property rights with regard to the Website, the Seller refers to the disclaimer.
article 9. retention of title
9.1The Seller reserves the ownership of all goods delivered or to be delivered until the Seller has been paid in full:
the performance and (payment) obligations owed by the Buyer for all goods delivered or to be delivered under the agreement;
claims due to Buyer's failure to comply with this agreement.
article 10. warranty and liability
10.1Seller is not liable for indirect, incidental or consequential damages of any kind suffered by Buyer as a result of the Agreement. Any direct damage for which the Seller is legally liable to the Buyer will never exceed the Purchase Price. This provision is not intended to exclude the Seller's liability in the event of injury or death.
10.2With regard to the liability of the Seller with regard to the Website and the use thereof, the Seller refers to the disclaimer.
Article 11. Applicable law
11.1The Agreements between Buyer and Seller are governed by Dutch law.
article 12. invalid provisions
12.1If any provision of these terms and conditions should be found to be invalid then:
the other provisions of these terms and conditions nevertheless remain in force; and
the ineffective provision must be interpreted as or converted into an active provision of the same meaning as much as possible