General terms and conditions

General terms and conditions of sale for consumers

DEFINITIONS

  • Seller: LOT
  • located:Nijverdalsestraat 32,7642 AD Wierden, The Netherlands
  • registered with the trade register of the Chamber of Commerce under number: 92737242
  • VAT number: NL004975124B30
  • visiting address:Nijverdalsestraat 32,7642 AD Wierden, The Netherlands
  • email address: order@ditislot.nl

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 placed by the Buyer in accordance with the procedure described in Article 2.1 for the delivery of one or more Products.
Product: a product of LOT offered for sale by the Seller on the Website.
Purchase Price: the price of a Product stated on the Website, including VAT.
Agreement: the Order accepted as such by Seller.
Website: www.ditislot.nl

ARTICLE 1. APPLICABILITY OF GENERAL TERMS AND CONDITIONS

1.1
These general terms and conditions, which have been made available online by Seller on the website, apply to all offers, orders, agreements and other legal relationships between Buyer and Seller with regard to the use of the Website, including the purchase/sale of a Product on or via the Website.

ARTICLE 2. FORMATION AND CONTENT OF AGREEMENT

2.1
An Agreement between Buyer and Seller will only be concluded by 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 the desired style, color and size and added the Product to his shopping cart;

  • Buyer has followed and completed the following steps;

  • Step 1: Buyer has filled in his address details and, if the desired delivery address is not the same as the billing address, specified 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;

  • Buyer will receive confirmation of the placed Order electronically (via the Website). If the Order has been accepted by Seller, Seller will send confirmation by email to Buyer as soon as possible after placing the Order.

    2.2
    Seller reserves the right not to accept the Order placed by Buyer if, among other things:

    • the total value of the Order exceeds €2.amounts to 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 by Buyer has not been received within the agreed period;

    • Buyer has previously failed to meet payment obligations to 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 shown on the Website;

    • the desired delivery address is not located in the Netherlands.

    Seller will notify Buyer as soon as possible if an Order is not accepted.

    ARTICLE 3. METHOD OF DELIVERY AND DELIVERY DATES

    3.1
    Delivery will be made by a carrier designated by the Seller.
    3.2
    After the Agreement has been concluded, the Seller will send the Products as soon as possible, but no later than 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 advance payment and unless a longer delivery period has been agreed.
    3.3
    Agreed delivery dates will be observed by Seller as much as possible. However, Buyer acknowledges that the delivery dates are based on the circumstances known to Seller at the time of concluding the Agreement and, insofar as dependent on services to be provided by third parties, on the data provided to Seller by those third parties.
    3.4
    If delivery is delayed, or if an Order cannot be fulfilled or can only be fulfilled in part, the Buyer will be notified of this within 14 days of the conclusion of the Agreement. The Buyer can then cancel the Agreement free of charge until the Order is shipped.
    3.5
    The risk with regard to damage or loss of the Products shall pass to the Buyer from the moment of delivery.

    ARTICLE 4. PRICE AND PAYMENT

    4.1
    The prices stated on the Website are shown in euros, are inclusive of Value Added Tax (VAT) and exclusive of shipping costs. Shipping costs are charged per Agreement. When placing the Order and when confirming the Agreement, the total Purchase Price due will be shown.
    4.2
    Seller may change the prices displayed on the Website from time to time without notice. The prices displayed at the time of placing the Order are the prices that form part of the Agreement.
    4.3
    Payment will be made using the options shown on the Website and must be made within 14 days of delivery of the Product.
    4.4
    The Buyer has the duty to immediately inform the Seller of any inaccuracies in the payment details provided by the Buyer to the Seller.
    4.5
    If the payment term is exceeded, the Buyer will be in default by operation of law and the Seller will be entitled to charge statutory interest on the outstanding amount from the due date.

    ARTICLE 5. RIGHT OF RETURN

    5.1
    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 Seller, provided that the Product is unworn (trying on clothes is allowed), undamaged and (as far as possible) in original and undamaged packaging. If Buyer exercises this right, the shipping costs are for Buyer.
    5.2
    In 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

    6.1
    Seller shall not be 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 that cannot be attributed to Seller, because they are not due to his fault nor are for his account by law, legal act or generally accepted views, such as - but not limited to - war, threat of war, civil war, riot, a national mourning declared by the government, strike, transport difficulties, trade restrictions, problems with customs authorities, fire, flood, earthquake, bankruptcy of third parties engaged by Seller, failure or late delivery of goods by Seller's suppliers, disruptions in the regular supply of goods to be delivered by third parties, including water and electricity and other serious disruptions in the business of Seller or third parties engaged by it.
    6.2
    If Seller is unable to fulfil its obligations under the Agreement or is unable to fulfil them in a timely manner due to force majeure, Seller shall have the right to perform the Agreement within a reasonable period of time or - if performance within a reasonable period of time is not possible - to terminate the Agreement in whole or in part, without being obliged to pay any damages to Buyer.

    ARTICLE 7. COMPLAINTS

    7.1
    The Seller's contact details for handling complaints can be found via the Contact link on the Website.
    7.2
    Buyer shall inspect the Product upon delivery and shall inform Seller within a reasonable time of any defects visible upon delivery or other complaints regarding the performance of the Agreement. Such complaints shall be submitted in writing, fully and clearly motivated.
    7.3
    Complaints received by Seller will be answered within a period of 14 days after receipt. If a complaint requires a foreseeable longer processing time, Seller will notify Buyer of this within 14 days, stating the time frame within which Buyer can expect an answer.
    7.4
    Buyer acknowledges that minor and/or commercially acceptable or technically unavoidable or difficult to avoid deviations in quality, size, colour, finish etc. with regard to the Products cannot be avoided or are difficult to avoid and cannot constitute a valid reason for a complaint. Such complaints as well as complaints about the fact that certain articles have been removed from the range are unfounded. Seller is not liable for any damage suffered by Buyer due to such complaints.
    7.5
    Buyer shall fully cooperate with any recall initiated by Seller. Buyer shall immediately notify Seller if Buyer suspects that a Product has a safety defect and is subject to a recall.

    ARTICLE 8. INTELLECTUAL PROPERTY RIGHTS

    8.1
    All brands, product names, logos, models and designs depicted or indicated on the Products or otherwise connected with the Products (the “IP Rights”) are the property of Seller. Buyer acknowledges Seller’s ownership of the IP Rights and shall refrain from any use of the IP Rights and Buyer shall refrain from any conduct that may damage or otherwise adversely affect the IP Rights.
    8.2
    With regard to the intellectual property rights relating to the Website, the Seller refers to the disclaimer.

    ARTICLE 9. RETENTION OF OWNERSHIP

    9.1
    Seller reserves ownership of all goods delivered or to be delivered until Seller has been fully satisfied:

    • the performance and (payment) obligations owed by the Buyer for all goods delivered or to be delivered under the agreement;

    • claims arising from Buyer's failure to comply with this agreement.

    ARTICLE 10. WARRANTY AND LIABILITY

    10.1
    Seller shall not be liable for any indirect, incidental or consequential damages of any nature whatsoever suffered by Buyer as a result of the Agreement. Any direct damages for which Seller is legally liable to Buyer shall never exceed the Purchase Price. This provision is not intended to exclude Seller's liability in the event of personal injury or death.
    10.2
    With regard to the Seller's liability with regard to the Website and its use, the Seller refers to the disclaimer.

    ARTICLE 11. APPLICABLE LAW

    11.1
    The Agreements between Buyer and Seller are governed by Dutch law.

    ARTICLE 12. INVALID PROVISIONS

    12.1
    If any provision of these terms and conditions proves to be invalid then:

    • the remaining provisions of these terms and conditions shall nevertheless remain in full force and effect; and

    • the ineffective provision should be interpreted as or converted into an effective provision having as much the same purport as possible.

    ARTICLE 13. AMENDMENT OF GENERAL TERMS AND CONDITIONS

    13.1
    These general terms and conditions may be amended by Seller from time to time. The most recent general terms and conditions will be placed on the Website. Buyer must always consult these general terms and conditions before Buyer uses the Website. If Buyer cannot consult the general terms and conditions via the internet, Seller will, upon request, send Buyer the most recent copy of the general terms and conditions by email (last update 12/04/22)