Terms & conditions
LOTT. gioielli BV is registered at the 's-Hertogenbosch Chamber of Commerce with number: 66604036.
VAT number: NL8566.27.422.B01
Phone: + 31 (0) 73 64 47 574
LOTT. gioielli B.V.
5202 CK 's-Hertogenbosch
Article 1: Definitions
These terms and conditions include:
1.1. Seller: LOTT. Gioielli B.V. based in ’s-Hertogenbosch, which concludes the agreement and applies these terms and conditions;
1.2 Buyer: any natural person, partnership, company or legal person placing an order with the Seller;
1.3. Agreement: the purchase agreement between the Seller and Buyer under which products, including but not limited to jewelry, are delivered to the Buyer.
1.4. Webshop: the digital point of sale on the website www.lottgioielli.com where the Seller offers its products for sale to potential Buyers.
Article 2: Applicability
2.1 These general terms and conditions apply, with the exception of any other terms and conditions, to any offer, order, contract and agreement concluded between the Seller and Buyer. These general terms and conditions will be sent by the Seller on request free of charge. These general terms and conditions are also available on the internet at www.lottgioielli.com.
2.2 By placing an order with the Seller, the Buyer explicitly agrees to the applicability and content of these general terms and conditions. Any deviations from what is stipulated in these general terms and conditions are only valid if they have been expressly agreed in writing.
2.3 In the event that one or more provisions in these general terms and conditions are void or may be destroyed, the remaining provisions shall remain fully applicable. The Seller and Buyer shall then consult for the purpose of agreeing new provisions to replace the null or voidable provisions, whereby the purpose and scope of the original provision shall be complied with as much as possible.
2.4 All rights and claims stipulated in these general terms and conditions and any further agreements that may be made on behalf of the Seller shall also apply to any intermediaries and other third parties affiliated with the Seller.
Article 3: Establishment of the agreement
3.1 All offers by the Seller are non-obligatory. The Seller has the right to change prices, especially when required by (legal) regulations.
3.2 An agreement shall only be reached if the Seller has accepted the order from the Buyer. The seller has the right to refuse orders or to attach special terms to the delivery. If the order of the Buyer is not accepted by the Seller, the Buyer shall be notified by the Seller within ten (10) business days of receipt of the order.
Article 4: Offers and prices
4.1 The prices quoted for the products offered are in euros, excluding VAT and excluding packing and shipping costs, any taxes or other charges, unless otherwise stated or agreed in writing.
4.2 If the products of the offered products and services increase during the period between the Buyer's order and execution of the order by the Seller, the Buyer shall be entitled to cancel the order or dissolve the agreement within ten (10) days after notification of the price increase by the Seller if the price increase exceeds 10%. In the event that the Seller receives no notice from the Buyer within this ten (10) day period, then the Buyer shall be deemed to agree to the price increase.
4.3 All quotes by the Seller for prices, specifications and/or other designations of products and services on its website are always carried out with care. However, the Seller is unable to guarantee the accuracy of this data or for the fact that deviations may occur. The Seller is not bound by any agreements entered into on the basis of incorrect information contained on its website and therefore has the right to refuse orders in this regard and/or to terminate or dissolve any agreements entered into.
Article 5: Samples and models
5.1 If a Buyer has been shown or provided with a sample or model, it is presumed to have been provided only as an indication unless explicitly agreed that the products to be delivered shall correspond.
5.2 Colors displayed in the webshop of the Seller may differ from actual colors. The color fastness of the products in the webshop depend on the setting of the monitor of the Buyer and the graphics card. The Buyer is therefore not entitled to derive any rights to the colors displayed in the webshop.
Article 6: Deliveries
6.1 Delivery shall be made to the address specified by the Buyer because the Seller shall deliver or have purchased products delivered directly to the Buyer or shipped by mail to the Buyer. The delivery costs shall be borne by the Buyer.
6.2 The Seller is first obliged to provide delivery after the Buyer has paid the Seller the full amount due to him, including shipping costs.
6.3 The Seller shall reserve the right to suspend delivery of a new order in the event that the Buyer has not yet paid all amounts due to the Seller.
6.4 The delivery times indicated by the Seller are indicative. Exceeding the stated delivery time is not fatal and does not entitle the Buyer to compensation.
6.5 In the event of a breach of the agreed delivery time, the Buyer shall also not be entitled to terminate the agreement unless the delivery time is exceeded so that the Buyer cannot reasonably be required to maintain (the relevant part of) the agreement.
6.6 At the time of delivery, the risk involved is transferred to the Buyer.
6.7 In the event that the Buyer does not accept the products ordered by him on time or at the agreed place and time of delivery, he shall be in default without notice. In that case, the Seller shall be entitled to store the goods at the expense of the Buyer or to dissolve the agreement with the Buyer, without prejudice to the Seller's right to claim full compensation.
6.8 The buyer must respect the Seller's intellectual property rights (Article 11). If the Buyer violates these rights, the Seller shall be entitled to suspend delivery of the products or to terminate the agreement(s) and to discontinue delivery to the Buyer. All without right to compensation to the Buyer.
Article 7: Retention of title
7.1 The Seller reserves the property right to all products it delivers to the Buyer, until all claims due to the Seller from the Buyer under the agreement(s) or any other agreements, including any interest and (debt collection) costs, are fully paid to the Seller, all of which are stipulated in Article 3:92 (2) of the Dutch Civil Code.
7.2 As long as full satisfaction of all the Seller's claims on the Buyer has not taken place, the Buyer is not authorized or entitled to dispose of the products in respect of which a Seller's retention of title is based - other than in the course of its normal daily business operations - to bring, remove or object to with any right to object beyond its actual power.
7.3 The suspensive condition specified in Article 3:92(1) of the Dutch Civil Code is not fulfilled in the case of payment in connection with a debt of the Buyer to the Seller by a third party who by that payment has effected subrogation of the rights of the Seller.
7.4 In the event that and in so far as the Seller's ownership of the goods it has delivered to the Buyer ends, the Buyer already grants the Seller, in advance, first right of pledge on all products delivered and to be delivered by the Seller to the Buyer, as well as its claims under the insurances referred to in the seventh paragraph of this article. The pledge extends to multiple collateral for all existing and future claims that the Seller or Buyer has or shall obtain for any reason. The Buyer declares that he/she is entitled to effectuate such pledge, and also that the goods to be pledged and claims are free of any restricted rights or claims neither established in advance.
7.5 The Seller has an irrevocable power of attorney to perform all legal acts for and on behalf of the Buyer for the establishment of the above-mentioned pledges, in so far as such establishment has not already taken place. The applicability of Article 3:68 of the Dutch Civil Code is excluded. Notwithstanding the foregoing, the Buyer is furthermore obliged to perform all (legal) actions at the earliest request of the Seller, which are required or may be required by the pledge referred to in this article.
7.6 As soon as the Buyer is in breach of his obligations to the Seller, the Seller shall be authorized and entitled to withdraw the products or to be held as a pledge without further notice. The Buyer already authorizes the Seller to seize the products and as pledgee to take possession of them respectively. The Buyer authorizes the Seller as of now to enter or have a third party enter the location(s) for the afore-mentioned purpose – including third parties who are storing the products for the Buyer – where the products are located.
7.7 As long as the products are the property of the Seller respectively and it has a pledge thereon, the Buyer is obliged to properly insure the relevant items against theft, fire, explosion, water and other damage and to submit the relevant insurance policy to the Seller at its earliest request.
7.8 If the Buyer is in default of payment and the Seller therefore retrieves the delivered products, using the retention of title referred to in this article, the related costs shall be born by the Buyer.
Article 8: Payment
8.1 Unless otherwise agreed in writing, payments shall be made without suspension, rebate or settlement for any reason within fourteen (14) days after the invoice date, in the absence of which the Buyer is in default by operation of law, and therefore without any further notice of default being required, and is also liable to pay the Seller the legal trade interest and (extra)judicial costs. In that case, the Buyer shall be liable from the moment of default for default interest of 1% per month or part thereof over the unpaid remaining amount until the date of settlement in full. If the statutory interest is more than 12% per annum, the Buyer shall be liable for legal interest.
8.2 If the Buyer places an order through the Webshop it must be paid directly. The Buyer's order may be subject to further (payment/order) conditions.
8.3 All judicial and extrajudicial costs to recover all amounts owed to the Seller, including the full costs of legal assistance – whoever the provider is – are borne entirely by the Buyer. The extrajudicial costs amount to ten percent (10%) of the principal amount due, with a minimum of €150.
8.4 Payments are always deducted first from all (extra)judicial legal costs and interest and then from the oldest invoice.
8.5 Before or during execution of the order placed, the Seller is at any time entitled to request partial or full payment of the order and to suspend compliance with its obligations, until the Buyer has settled the already invoiced order. If the Buyer remains in default of payment, the Seller is entitled to dissolve the order or dissolve the agreement. Any damages for the Seller arising from the suspension and/or termination shall be repaid by the Buyer.
Article 9: Guarantees
9.1 The Seller shall ensure that the products sold and delivered to the Buyer reasonably comply with the standards required for using those products.
9.2 If the manufacturer has established warranty terms for products purchased and/or supplied, the Seller will notify the Buyer of this upon delivery, after which these terms will form part of the sale and delivery agreement between the Buyer and Seller.
9.3 Without prejudice to the provisions of this article, no warranty may be extended if wear to the products can be considered normal and furthermore in the following cases: - if any changes have been made in or to the products, including repairs not made with the consent of the Seller or the manufacturer; - if defects in the products are the result of use that does not correspond with the intended use or improper use; - discoloration of the product or parts thereof; - if damage to the products is caused by intention, gross negligence or negligence on the part of the Buyer.
9.4 Subject to the provisions of this article, the Seller provides 6 months warranty on the hinges and locks of the products.
9.5 The warranties contained in this article only apply if the Buyer has fulfilled all of its obligations to the Seller.
Article 10: Trial period/return within 14 days - Applies to consumers only
10.1 After the Buyer has received the products he has ordered, he is entitled to dissolve the agreement with the Seller within fourteen (14) days after receipt of the products. The Buyer does not have to give a reason.
10.2 The Buyer's entitlement referred to in paragraph 1 shall not apply to products made in accordance with the specifications of the buyer (custom), which are clearly personal in nature or cannot be returned due to their nature.
10.3 If the Buyer wishes to dissolve the agreement pursuant to Article 10.1, the Buyer must notify the Seller in writing within fourteen (14) days of the aforementioned period.
10.4 The Buyer must return the goods received by him unused, undamaged and complete in the original packaging or bring them to the Seller's location.
10.5 If the Buyer sends the products back to the Seller or the Seller asks to collect the products, the associated costs shall be borne fully by the Buyer.
10.6 If the Buyer has already made any payments at the time of termination of the agreement with Seller, the Seller shall repay these payments within thirty (30) days after the Seller has received from the Buyer the returned products or products brought to the Seller.
10.7 The Seller reserves the right to refuse returned products or products brought back or to return only part of the amount already paid if there is suspicion that the products have already been opened, used or damaged as a result of the Buyer's fault. In that case, the Seller has the right to deduct the reduction in value of the product as a result of this damage from the amount to be repaid to Buyer.
Article 11: Liability
11.1 Except for in so far as exclusion of liability under mandatory laws is not possible, the Seller shall not be liable for any unlawful act due to unlawful action or an (attributable) shortcoming in the fulfillment of its obligations or on the grounds of any other legal basis.
11.2 Without prejudice to the provisions of paragraph 1 of this article, the Seller shall never be liable for: a. company, consequential or indirect damage (including loss of profits and missed savings), unless this is the result of intentional or deliberate recklessness of sales executives or the Seller. b. damage caused by intent or deliberate recklessness by non-executive employees of the Seller or third-party affiliates of the Seller.
11.3 The liability of the Seller for damage resulting from defects in delivered products is limited to replacement or repair of the related products as defined in Article 15 (advertising).
11.4 Without prejudice to the provisions of Article 15 of these advertising terms, any claim for damages against the Seller, with the exception of the claim (s) recognized by the Seller, shall expire within a period of six (6) months after the Buyer has discovered or should reasonably have discovered the damage.
11.5 Conditions which limit, exclude or determine liability, which may be enforceable by third parties against the Seller, may also be enforceable by the Seller to the Buyer.
11.6 The Seller is not responsible for the non-functioning or inadequate functioning of the website, telecommunications, infrastructure and / or other errors in the communication or possible consequences thereof. The content of the Seller's website as well as the content of all other Seller's statements on the internet has been carefully compiled. However, the Seller cannot provide any guarantees as to the nature, accuracy or content of that information. The Seller is therefore not liable for any errors, mistakes, misunderstandings, delays or misrepresentation regarding orders and communications resulting from the use of the Internet or any other (electronic) means of communication between the Buyer and Seller, or for the consequences of the use of the relevant information. The Seller also excludes any liability as to the opinions and answers it has given, subject to intent or gross negligence on the part of the Seller.
Article 12: Force majeure
12.1 The Seller is not obliged to comply with any obligation to the Client if it is hindered as a result of a circumstance that is not due to its fault, either by law, legal act or the generally accepted view that it is for its account. The Seller is not in default and is entitled to suspend its obligations.
12.2 Force majeure is understood to mean, in addition to that stipulated by the provisions of law and jurisprudence, any of the independent circumstances of the Seller that temporarily or permanently prevent compliance with the agreement and which is not attributable to the Seller. This includes: strikes at the Seller or its suppliers, staff shortage and staff illness, delays in deliveries from suppliers or non-performance and / or force majeure of these suppliers, government measures, fire and malfunctions in the Seller's or its suppliers' business.
12.3 If, as a result of the aforementioned circumstances, compliance by the Seller is permanently impossible, it has the right to claim that the agreement is amended such that its implementation remains possible, unless, in the circumstances given, it cannot reasonably be demanded by Buyer and termination is justified. In the latter case, the agreement in question shall be terminated without the Buyer being entitled to any damages.
12.4 As long as there is force majeure, the delivery and other obligations of the Seller shall be suspended. If the period during which force majeure of the obligations by the Seller is not possible for longer than three months, then both parties have the power to dissolve the agreement without any obligation in that case to pay damages.
12.5 If, at the time of the force majeure, the Seller has already partially fulfilled its obligations or can only fulfill its obligations only partially, it is entitled to invoice the delivered case separately for the part to be delivered and the Buyer is obliged to comply with this invoice as if it were a separate agreement.
Article 13: Privacy
13.1 The Seller respects the privacy of all its website visitors and ensures that personal data is treated confidentially. The personal data will only be used to complete the order.
13.2 Personal data will not be disclosed by the Seller to third parties not affiliated with the Seller, except where explicitly authorized by the Buyer or if necessary in connection with legal requirements.
Article 14: Intellectual property
14.1 All intellectual property rights, including, in any case, but not exclusively copyright and trademark rights, which are attached to the Seller's products, are and shall remain the exclusively property of the Seller.
14.2 The Buyer acknowledges and respects these rights and shall not infringe upon them. In the event that the Buyer, in spite of the foregoing, does in any way infringe on the Seller's intellectual property rights, the Buyer shall forfeit the Seller a directly due penalty of € 2,500 per offense, as well as for each day that the infringement continues. In addition, the Seller reserves the right to recover from the Buyer any damages that it may suffer as a consequence of any breach of intellectual property rights accruing to him.
Article 15: Claims
15.1 The Buyer is obliged to check the goods delivered by the Seller immediately upon receipt of deficiencies, omissions, improper or inaccurate delivery and visible defects and damages.
15.2 Deficiencies, omissions, improper or inaccurate delivery and visible defects and damages must be reported in writing within one (1) business day after delivery to the Seller, and the goods in question should then be sent back to the Seller within five (5) working days at the expense and risk of the Buyer, in default of which the Buyer's rights expire and the risk of any deficiencies, omissions, incorrect or inaccurate delivery and visible defects and damage remain at the expense and risk of the Buyer.
15.3 Claims regarding invoices must be submitted to the Seller in writing, within fourteen (14) days after the invoice date, in the absence of which the Buyer's rights shall expire.
15.4 All other rights claimed by the Buyer for shortcomings of the Seller in fulfilling its obligations or other defects in the products delivered by it must be submitted in writing within 14 days after the Buyer has discovered or could reasonably have discovered the defect, but no later than two years after delivery of the Product, to be submitted to the Seller, and - in the case of defective cases - they must at the same time be returned to the Seller at the expense and risk of the Buyer, in the absence of which the Buyer's rights shall expire. The rights of the Buyer in this regard shall also expire if the Buyer has attempted to rectify an alleged defect without the express written consent of the Seller.
15.5 Provided that claims have been submitted in good time in accordance with the provisions of this article, the defective items returned to the Seller shall be replaced or repaired, at the discretion of the Seller.
15.6 Claims as referred to in this article, do not suspend the Buyer's payment obligations.
Article 16: Applicable law and forum choice
16.1 All all offers, orders, assignments and agreements that the Seller enters into with the Buyer, as well as any disputes arising therefrom, are subject to Dutch law.
16.2 All disputes between parties relating to offers, orders, assignments and agreements or the execution thereof, to which these General Terms and Conditions apply, shall be submitted to the competent court of the district of East Brabant, in the location ‘s-Hertogenbosch or pursuant to the law another competent court.