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
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
Right of Withdrawal: Your ability to waive the Agreement within the Cooling-off
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
PART I: GENERAL
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
(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
(c) the conditions under which and the manner in which you may exercise the
Right of Withdrawal, or a clear statement concerning the exclusion of the Right
(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
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
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
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
(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
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
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.
12.1 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;
(c) Products that, without the prior express written consent of LOTT. or the
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
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.
15.1 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
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
16 CONTACT DETAILS LOTT.
Visiting and mailing
De Grote Elst 66, 5246 JR, Rosmalen
Phone number: +31 (0)73 700 06 60
E-mail address: firstname.lastname@example.org
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
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
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.