Terms & conditions

General terms and conditions for consumers of LOTT.Gioielli B.V., having its registered office in

's-Hertogenbosch and its principal place of business in (5246 JR) Rosmalen at De Grote Elst

66, registered in the Trade Register of the Dutch Chamber of Commerce under number

66604036.

1 DEFINITIONS

1.1 In these general terms and conditions, the following definitions shall apply:

Cooling-off Period: the period within which you can exercise your Right of

Withdrawal;

Right of Withdrawal: Your ability to waive the Agreement within the Cooling-off

Period;

LOTT.: the private company with limited liability LOTT.Gioielli B.V.,

having its registered office in 's-Hertogenbosch and its

principal place of business in (5246 JR) Rosmalen at De Grote

Elst 66, registered in the Trade Register of the Dutch Chamber

of Commerce under number 66604036;

Agreement: The agreement between you and LOTT. regarding the

purchase and delivery of the Product;

Product: the product purchased by you from LOTT.;

Website: the website on which LOTT. offers the Products for sale, being

www.lottgioielli.com.

PART I: GENERAL

2 APPLICABILITY

2.1 These general terms and conditions apply to all offers made by LOTT. and to any

Agreement you enter into with LOTT.

2.2 If the Agreement is concluded through the Website, the text of these general terms

and conditions can be made available to you electronically before the Agreement is

concluded, in such a way that it can be easily saved by you. If this is not possible,

LOTT. will indicate where you can find the general terms and conditions electronically

before the Agreement is concluded. At your request, LOTT. will also send the general

terms and conditions to you electronically or otherwise free of charge.

2.3 If one or more provisions of these general terms and conditions turn out to be invalid

or are set aside by a court, the other provisions will remain in full force. In that case,

LOTT. will consult with you to agree on a new provision to replace the void or voided

provision, whereby the purpose and purport of the void or voided provision will be

observed as much as possible.

3 THE OFFER

3.1 Where an offer has limited validity or is made subject to conditions, this will be clearly

stated in the offer.

3.2 The offer contains an as complete and accurate as possible description of the

Product offered. The description is sufficiently detailed, in order for you to make a

proper assessment of the offer. Obvious mistakes, obvious errors or obvious omissions

in the offer do not bind LOTT.

3.3 If LOTT. uses images, these images represent the Product as truthfully as possible.

However, colours shown on the Website may differ from the actual colours. This is

because the colour fastness of the Products on the Website depends on the settings

of the device on which the images are displayed.

3.4 Each offer contains such information that it is clear to you what your rights and

obligations attached to the acceptance of the offer - and thus the conclusion of the

Agreement – are.

4 THE AGREEMENT

4.1 If an offer has been made by LOTT., an Agreement between you and LOTT. will be

concluded by your unconditional acceptance of LOTT.'s offer and the fulfilment of

the conditions set out therein.

4.2 If you accept the offer via the Website, LOTT. will confirm the formation of the

Agreement electronically immediately after receiving your acceptance of the offer.

As long as the receipt of this acceptance has not been confirmed by LOTT., you may

dissolve the Agreement.

4.3 If the Agreement is concluded via the Website, LOTT. will take appropriate technical

and organisational measures to secure the electronic transfer of data and LOTT. will

ensure a secure web environment. In case you can pay electronically, LOTT. will

observe appropriate security measures for this method of payment as well.

4.4 LOTT. is entitled - within the legal framework - to ascertain whether you are able to

fulfil your payment obligations, as well as all those facts and factors that are important

for a responsible conclusion of the Agreement. If, on the basis of this investigation,

LOTT. has reasonable grounds not to enter into the Agreement, LOTT. is, if supported

by reasons, entitled to refuse an order or application or to impose special conditions

to the performance of the Agreement.

4.5 If you require any amendments and/or additions after the Agreement has been

concluded, these will only apply if accepted by LOTT.

4.6 LOTT. is entitled to unilaterally amend the offer and the Agreement, including the

general terms and conditions, with immediate effect on marginal elements (such as

indexed rate changes). In the event of a substantial change in relation to what has

been agreed, you may decide not to proceed with the purchase.

4.7 LOTT. will include the following information, in writing or in such a way that it can be

stored by you in an accessible manner on a durable data carrier, at the latest upon

delivery of the Product to you:

(a) The visiting address of the branch of LOTT. to which you can address

complaints;

(b) the price of the Product including all taxes; where applicable, the cost of

delivery; and the method of payment, delivery or performance of the

Agreement;

Right of Withdrawal, or a clear statement concerning the exclusion of the Right

of Withdrawal;

(d) information on warranties and existing after-sales services; and

(e) if you have a Right of Withdrawal, the model withdrawal form.

5 RIGHT OF WITHDRAWAL

5.1 If you have purchased a Product through the Website, you may terminate an

Agreement during a Cooling-off Period of fourteen (14) days, without having to inform

LOTT. of your reasons for termination.

5.2 The Cooling-off Period mentioned in paragraph 1 starts the day after you, or a third

party designated by you in advance and other than the carrier, have/has received

the Product, or, if you have ordered several Products in one order, the day on which

you, or a third party designated by you, have/has received the last Product. LOTT.

may, provided LOTT. has clearly informed you thereof prior to the ordering process,

refuse an order of multiple Products with different delivery times.

5.3 An extended Cooling-off Period applies to a Product in the event LOTT. has not

informed you about the Right of Withdrawal. In that event, the following applies:

(a) if LOTT. has not provided you with the legally required information on the Right

of Withdrawal or the model withdrawal form, the Cooling-off Period will expire

twelve (12) months after the end of the original Cooling-off Period determined

in accordance with the previous paragraphs of this article; and

(b) if LOTT. has provided the information referred to in (a) above to you within

twelve (12) months of the effective date of the original Cooling-off Period, the

Cooling-off Period expires fourteen (14) days after the day on which you

received that information.

6 YOUR OBLIGATIONS DURING THE COOLING-OFF PERIOD

6.1 During the Cooling-off Period, you shall handle the Product and its packaging with

care. You shall only unpack or use the Product to the extent necessary to establish

the nature, characteristics and functioning of the Product. 1 (one) earring will be

delivered sealed at all times. The premise is that you may use and inspect the Product

as you would in a physical shop. The sealed earring must remain in its seal at all times

in order for you to be able to return the Product. As soon as the seal is broken, your

right to return the Product expires.

6.2 You shall only be liable for depreciation of the Product and its packaging if this

depreciation is due to a way of handling the Product other than that referred to in

paragraph 1.

6.3 If LOTT. includes a free gift sent to you along with your order, but you wish to return

one or more Product(s) from your complete order as a result of which the total

amount of your order no longer exceeds the minimum amount for obtaining a gift

and you are therefore no longer entitled to a gift, you may, at your own discretion:

(a) retain the gift, subject to a surcharge of the sale price of the gift, which price

will be offset against the amount to be refunded to you by LOTT. for the

Product(s) you returned; or

(b) return the gift, together with the Product(s) you wish to return.

7 EXERCISE OF THE RIGHT OF WITHDRAWAL AND ITS COSTS

7.1 If you exercise your Right of Withdrawal, you must clearly notify LOTT. thereof within

the Cooling-off Period via the returns portal on the Website, by e-mail or by means of

the model withdrawal form.

7.2 As soon as possible, but at the latest within fourteen (14) days from the day following

the notification referred to in paragraph 1, in case of purchase of a Product via the

Website, you will subsequently return the Product. This is not necessary if LOTT. has

offered to collect the Product from you itself. You have in any event observed the

return period if you return the Product before the Cooling-off Period has expired.

7.3 You must return the Product with all delivered accessories, if reasonably possible in its

original condition and packaging, and in accordance with the reasonable and clear

instructions provided by LOTT.

7.4 You bear the risk and burden of proof for the correct and timely exercise of the Right

of Withdrawal.

8 OBLIGATIONS OF LOTT. UPON REVOCATION

8.1 LOTT. will refund all your payments charged by LOTT. for the returned Product,

including the costs of shipment of the Product by LOTT. to you, as soon as possible,

but at the latest within fourteen (14) days following the day on which you inform LOTT.

that you are exercising your Right of Withdrawal. Unless LOTT. offers to collect the

Product itself, LOTT. may wait to refund until LOTT. has received the Product or until

you have proven that the Product has been returned to LOTT., whichever point in

time is earlier.

8.2 For refunds, LOTT. will use the same means of payment you used to pay for the

Product, unless you agree to another method. No fees will be charged to you for the

refund.

8.3 If you have chosen a more expensive method of delivery than the cheapest standard

delivery, LOTT. does not have to refund to you the additional costs for the more

expensive method of delivery.

9 EXCLUSION OF RIGHT OF WITHDRAWAL

9.1 LOTT. may exclude the following Products from the Right of Withdrawal, but only if

LOTT. clearly states this with the offer, or at least timely before the conclusion of the

Agreement:

(a) Products manufactured according to your specifications, which are not

prefabricated and which are manufactured on the basis of your individual

choice or decision, or which are clearly intended for a specific person; or

(b) sealed Products that are not suitable for return for reasons of health protection

or hygiene and whose seal has been broken after delivery.

10 PRICE AND PAYMENT

10.1 The prices stated in the offer of the Product are in euros including VAT and excluding

packaging and shipping costs, any taxes or other levies, unless otherwise stated or

agreed in writing.

10.2 During the validity period stated in the offer, the prices of the Product offered will not

be increased, except for price changes due to changes in VAT rates.

10.3 Price increasements within three (3) months after the conclusion of the Agreement

are only allowed in the event these are the result of legal regulations or provisions. In

such a situation, you are at all times authorised to terminate the Agreement as of the

day on which the price increase takes effect.

10.4 Price increasements three (3) months after the conclusion of the Agreement are only

allowed if LOTT. has stipulated it and:

(a) these result from statutory regulations or provisions; or

(b) you are authorised to terminate the Agreement as of the day on which the

price increasement is effectuated.

10.5 Unless stipulated otherwise in the offer, the Agreement or additionally stipulated

conditions, the amounts owed by you must be paid within thirty (30) days after the

start of the Cooling-off Period, or in the absence of a Cooling-off Period within thirty

(30) after the conclusion of the Agreement.

10.6 You are obliged to immediately report inaccuracies in payment details provided or

mentioned to LOTT.

10.7 Should you fail to fulfil your payment obligation(s) in time, you owe to LOTT., after

LOTT. has notified you of the overdue payment and has granted you a period of

fourteen (14) days to still fulfil your payment obligations and upon failure to pay within

this fourteen (14) day period, the statutory interest on the total amount you still owe to

LOTT. and LOTT. will be entitled to charge you the extrajudicial collection costs it has

incurred. These collection costs amount to a maximum of: 15% on outstanding

amounts up to € 2,500 (in words: twenty-five hundred euros); 10% on the next € 2,500

(in words: twenty-five hundred euros) and 5% on the next € 5,000 (in words: five

thousand euros) with a minimum of € 40 (in words: forty euros). LOTT. may deviate

from said amounts and percentages exclusively to your advantage.

11 DELIVERY AND EXECUTION

11.1 LOTT. warrants that the Product complies with the Agreement, the specifications

mentioned in the offer, the reasonable requirements of soundness and/or usability

and the statutory provisions and/or governmental regulations existing on the date of

conclusion of the Agreement.

11.2 LOTT. does not warrant that the Product is suitable for other than normal use.

11.3 LOTT. will take the greatest possible care when receiving and executing orders for

Products.

11.4 The place of delivery is the address that you have communicated to LOTT. If you are

not able to accept delivery of the Product at the time indicated by LOTT., you will be

charged any potential additional costs for the delivery of the Product.

11.5 With due observance of the stipulations in article 3 of these general terms and

conditions, LOTT. will execute accepted orders expeditiously but at the latest within

thirty (30) days, unless another delivery period has been agreed upon. If delivery is

delayed, or if an order cannot or can only be partially carried out, you will be notified

of this no later than thirty (30) days after placing your order. In that case, you have

the right to dissolve the Agreement free of charge and you are entitled to potential

damages.

11.6 After dissolution in accordance with the previous paragraph, LOTT. will immediately

refund the amount paid by you.

11.7 The risk of damage and/or loss of the Product rests with LOTT. until the moment of

delivery of the Product to you or a representative designated by you and as

communicated to LOTT., unless expressly agreed otherwise.

12 WARRANTY

12.1 LOTT. warrants that the Products meet the usual requirements and standards that can

be set for them at the time of delivery, on the understanding that this warranty solely

applies to Products that have been used normally.

12.2 LOTT. warrants that the hardware of the Products will not wear out under normal use

for a period of six (6) months from the date of purchase. This warranty does not cover

wear and/or scratches and/or damage resulting from accidents or improper use of

the Products. The warranty lapses if you have attempted to repair or have repaired

an alleged defect yourself without the express written consent of LOTT.

12.3 No warranty is granted in respect of:

(a) wear and tear on the Products due to normal use;

(b) defects in Products resulting from improper or inappropriate use;

manufacturer, have been altered or repaired;

(d) discolouration of (parts of) the Product;

(e) damage to the Product caused by intent or gross negligence or carelessness

on your part.

12.4 Any warranty obligation of LOTT. will under no circumstances go beyond the

obligation to - at the discretion of LOTT. - repair or replacement and/or credit you (in

part).

12.5 No new warranty period commences as a result of repair and/or replacement of a

Product sold and delivered by LOTT. for any reason, unless a new warranty period

commences under mandatory law.

13 RETENTION OF TITLE

13.1 Ownership of the Product remains fully vested in LOTT. until you have paid in full all

claims of LOTT. against you, including those as mentioned in Article 3:92 (2) of the

Dutch Civil Code.

13.2 Risk with respect to the Products shall pass to you at the time of delivery.

14 PRIVACY AND PERSONAL DATA

14.1 LOTT. warrants that the data to be processed by LOTT., the processing of the data

and the result of that processing are not in breach of applicable law, such as, inter

alia, the General Data Protection Regulation (GDPR).

14.2 LOTT. refers you to the privacy statement on the website

https://www.lottgioielli.com/nl/privacy-statement/, where you will find the information

regarding the processing of your personal data by LOTT.

15 COMPLAINTS

15.1 Complaints concerning the performance of the Agreement must be sent to LOTT. by

e-mail in a proper manner. LOTT. shall endeavour to resolve any complaint in mutual

consultation with you.

15.2 Complaints submitted to LOTT. will be answered as soon as possible after receipt

thereof.

15.3 You are free to submit a complaint at any time via the European Commission's online

dispute resolution platform, available at: Online Dispute Resolution | European

Commission (europa.eu).

16 CONTACT DETAILS LOTT.

Visiting and mailing

address:

De Grote Elst 66, 5246 JR, Rosmalen

Phone number: +31 (0)73 700 06 60

E-mail address: info@lottgioielli.com

Chamber of

Commerce number:

66604036

VAT number: NL8566.272422.B01

17 DISPUTES AND APPLICABLE LAW

17.1 These general terms and conditions as well as the Agreement between you and LOTT.

to which these general terms and conditions apply, are governed exclusively by

Dutch law.

17.2 All disputes existing between you and LOTT. will be exclusively settled by the

competent court of the district court of Oost-Brabant, location 's-Hertogenbosch,

unless another court is competent on the basis of mandatory law.

Met opmerkingen [VDB1]: Add link.

PART II: GIFT VOUCHERS

The provisions of Part II shall apply in addition to the provisions of Part I to all gift vouchers -

both electronically and physically - issued by LOTT. to you and/or the actual recipient.

1. Gift vouchers may be used for the purpose of selling a Product and can only be used

through the Website and in LOTT.'s own physical shops.

2. A gift voucher is issued once. The recipient of the gift voucher is responsible for

carefully retaining the gift voucher. In case of theft or loss of the gift voucher, there

will be no reimbursement of the value represented by the gift voucher.

3. LOTT. reserves the right to accept a gift voucher upon receipt of the original gift

voucher only and to require payment in cash in case of improper use.

4. Gift vouchers have a limited validity period of 2 years. After the expiry date, the gift

voucher can no longer be used. The nature, duration, expiry date and any

applicable other specific conditions can be found on the gift voucher or in the

advertisement in which the gift voucher is included.

5. If the total amount of the order exceeds the value of the gift voucher(s) used, the

difference must be paid using another payment method.

6. Gift vouchers and their residual value are not redeemable for cash. The residual value

of a gift voucher can be used in any subsequent orders.

7. When a transaction has been (partly) paid with a gift voucher and LOTT. proceeds to

refund (part of) the total for this transaction, the refund will take place by increasing

the balance on the gift voucher to the amount of the balance of the gift voucher

that has been used for that specific transaction. In the evet this balance is not

sufficient, the remainder will be refunded through the payment method used for the

remaining part of the total.

8. Altering a gift voucher or its operation, forgery of gift vouchers, or otherwise affecting

them is not permitted. Any (attempted) fraud and other unauthorised and unlawful

acts will be recorded by LOTT. and will in any case lead to denial of the use of the gift

voucher.

9. Gift vouchers from LOTT. may in no way be used for commercial purposes or purposes

other than those for which the gift vouchers were issued.