Terms and Conditions

Terms and Conditions

Table of contents

Article 1 - Definitions

1. Reflection period: the period of time during which the consumer may use his right of withdrawal;
2. Consumer: the natural person not acting in the exercise of a profession or business and entering into a distance contract with the entrepreneur;
3. Day: calendar day
4. Extended transaction: a distance contract in relation to a series of products and/or services of which the obligation to deliver and/or purchase is staggered in time;
5. Durable data carrier: any medium that enables the consumer or entrepreneur to store information addressed to him personally in such a manner that allows for future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;
7. Entrepreneur: the natural or legal person that offers products and/or services remotely to consumers;
8. Distance contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organized by the entrepreneur for distance sale of products and/or services;
9. Technology for distance communication: a means to be used for concluding an agreement, without the consumer and the entrepreneur being together in the same place at the same time. 10.General Terms and Conditions: the present general Terms and Conditions of the entrepreneur.

Article 2 - Identity of the company

Article 3 - Applicability

1. These general Terms and Conditions apply to any offer from the entrepreneur and to any distance contract and orders concluded by the entrepreneur and the consumer.
2. Before concluding a distance contract, the entrepreneur shall make the text of these general terms and conditions available to the consumer. If this is reasonably not possible, the entrepreneur, before concluding the distance contract, shall notify that the general terms and conditions can be inspected at the entrepreneurs and that, at the consumers request, they will be sent to the consumer free of charge as soon as possible.
3. If the distance contract is concluded electronically, the text of these general terms and conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is reasonably impossible, it will be specified where the general terms and conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the Consumers request free of charge, either via electronic means or otherwise.

Article 4 - The offering

1. If an offer has a limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to alter or amend the offer.
3. The offer contains a full and detailed description of the offered products and/or services. The description is suitably detailed to enable the consumer to properly assess the offer. If the entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for the entrepreneur.
4. All images, specifications information in the offer are indicative and can not lead to damage compensation or termination of the agreement.
5. All product images are a truthful representation of the offered products. Entrepreneur cannot guarantee that the displayed colors are an exact match to the actual colors of the products.
6. All offers contain such information that it is clear to the consumer what rights and duties are attached to accepting the offer

Article 5 - The contract

1. Subject to the provisions in paragraph 4, the contract becomes valid when the consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the consumer accepted the offer via electronic means, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may, within the limits of the law, gather information about consumer’s ability to fulfill his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
5. The entrepreneur shall send the following information along with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier

• • a. The e-mail address of the entrepreneur where the consumer may get into contact for any complaints;
• • b. The conditions on which and the way in which the consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
• • c. The information relating to existing after-sales services and guarantees;
• • d. The price of the product, including all taxes, any applicable delivery costs and the payment method, delivery or performance of the remote agreement;

Article 6 - Right of withdrawal

1. The consumer can terminate an agreement related to the purchase of a product without giving reasons during a cooling-off period of 14 days. The entrepreneur may ask the consumer for the reason for withdrawal, but the consumer is not obliged to give any reason(s).
2. The cooling-off period mentioned in paragraph 1 will start on the day after the consumer, or a third party appointed by the consumer beforehand, who is not the transporter, has received the product.
3. If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, if he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with different delivery times.
4. From a hygienic point of view, it is not possible for the consumer to exercise his right of withdrawal if the consumer has purchased earrings.
5. It is not possible for the consumer to exercise his right of withdrawal if the consumer has purchased personalized products

Article 7 - Obligations of the consumer during the cooling-off period

1. During the cooling-off period the consumer will handle the product and the packaging carefully. He will only unwrap or use the product to the extent that is required to establish the nature, the features and the operation of the product. The principle here is that the consumer may only handle and inspect the product like he would be allowed to do in a shop.
2. The consumer is liable for any depreciation of the product that is caused by handling of the product that goes beyond what is allowed in paragraph 1.

Article 8 - Exercising of the right of withdrawal by the consumer and the costs thereof

1. If the consumer uses his right of withdrawal, he will report this to entrepreneur within the cooling-off period by sending an e-mail to hello@lottamae.com in which he at least states:

• • a. Name and surname of the customer
• • b. The order number of the order to which the right of withdrawal applies
• • c. The products and / or services for which he wants to use his right of withdrawal
• • d. The reason for making use of his right of withdrawal

2. The consumer will return the product as soon as possible, but within 14 days from the day following the notification as mentioned in paragraph 1. In any case, the consumer will have observed the returns deadline if he returns the product before the cooling-off period has expired.
3. The consumer will return the product with all supplied accessories, in the original condition and packaging if reasonably possible, and in accordance with the instructions provided by Lotta Mae.
4. The risk and burden of proof for correct and timely exercising of the right of withdrawal lies with the consumer.
5. The consumer will bear the direct costs for returning the product.
6. Further required information regarding the returning of a product is mentioned on the website.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

1. If the entrepreneur makes it possible for the consumer to withdraw electronically, the entrepreneur will send a confirmation of receipt within 24 hours after receiving this notification.
2. The entrepreneur reimburses the following payments from the consumer:

• • a. If the total order is returned, the entrepreneur will reimburse the total purchase amount.
• • b. If an order is partially returned, the entrepreneur will only reimburse the purchase amount, excluding shipping costs.

3. A refund will be made as soon as the entrepreneur has received the return shipment.
4. The entrepreneur uses the account number paid by the consumer for reimbursement.

Article 10 - Exclusion of the right of withdrawal

1. The entrepreneur can preclude the consumer from having a right of withdrawal as far is provided for in paragraph 2 and 3 of this article.
2. Exclusion of the right of withdrawal is only possible for the following products:

• • a. That were realized according to the consumer’s specifications;
• • b. That are obviously personal in nature;
• • c. That cannot be returned due to their nature;
• • d. That spoil or age quickly;
• • e. Earrings. From a hygienic point of view, it is not possible for the consumer to exercise his right of withdrawal if the consumer has purchased earrings.

3. Exclusion of the right of withdrawal is only possible for services:

• • a. Of which the provision has been started with the consumer’s explicit consent before the expiration of the cooling-off period.

Article 11 - The price

1. During the validity period mentioned in the offer the prices of the offered products will not be increased, except for price adjustments caused by changes in VAT tariffs.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only as a result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if the entrepreneur has stipulated it and:

• • a. They are the result of legal regulations or stipulations.

5. The prices of products mentioned in the offer are inclusive of VAT.

Article 12 - Conformity and guarantee

1. The entrepreneur guarantees that the products comply with the agreement, the specifications mentioned in the offer, reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that are applicable on the date the agreement is concluded.
2. In any event, no claims can be made under paragraph 1 of this article in case of (i) damage caused by intent or negligence, (ii) normal wear and tear and/or (iii) damage caused by not observing or incorrectly observing the instruction manual or usage instructions.
3. An arrangement offered as a guarantee by its supplier, manufacturer or importer shall not affect the rights and claims the consumer may exercise against the entrepreneur.
4. The entrepreneur uses a guarantee period up to 30 days after receipt of the item (not after using the item).
5. The customer is obliged to immediately check the delivered products upon receipt. If it appears that the delivered products are incorrect, inadequate or incomplete, the customer must inform the entrepreneur by e-mail within 2 days of receiving the delivered products. If the customer informs the entrepreneur later than 2 days after receipt, the entrepreneur can no longer be held liable.
6. The guarantee does not apply when:

• • a. The consumer has repaired and/or altered the products himself or has third parties repair and/ or alter the products.
• • b. The delivered products have been exposed to abnormal circumstances or misused in any other way or are in violation of the directions given by the entrepreneur and/or listed on the packaging.
• • c. The defectiveness is, in whole or partial, the consequence of regulations given or to be given by the authorities regarding the nature or the quality of the applied materials.
• • d. Discoloration of jewelry (the entrepreneur recommends keeping the jewelry out of reach of liquids. Discoloration occurs when jewelry comes into contact with water, creams and perfumes or with increased acidity. It is advisable to treat your jewelry with care)
• • e. Wear through bumping or falling
• • f. Exceptional wear
• • g. Damage due to negligence

Article 13 - Delivery and performance

1. The entrepreneur will devote the highest possible care to the acceptance and execution of orders for products.
2. Delivery will take place while stocks last.
3. The ownership of the supplied products will pass to the consumer after the amount owed has been paid. The risk relating to the products will be transferred at the moment of delivery to the consumer.
4. The delivery address is the address that the consumer has provided to the entrepreneur.
5. The consumer should provide the correct address and e-mail address to the entrepreneur. In addition, any changes thereto should be notified to the entrepreneur on time. If the consumer has provided the wrong address for the delivery, the risk is for the consumer.
6. All delivery times are indicative. The consumer cannot derive any rights from any mentioned terms. Exceeding of a term does not entitle the consumer to compensation.
7. The risk of damage to and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative appointed beforehand and notified to the entrepreneur, unless explicitly agreed otherwise.

Article 14 - Payment

1. Unless otherwise agreed, the amounts to be paid by the consumer are to be settled within 7 working days after placing an order.
2. The consumer has the duty to inform the entrepreneur promptly of possible inaccuracies in the payment details.
3. In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge any predetermined reasonable costs incurred to the consumer.
4. The buyer will be bound to the terms and conditions of the payment provider of its choice in relation to the payment. Lotta Mae has no control over these terms and conditions and cannot be held responsible for the contents thereof.

Article 15 - Complaints procedure

1. The entrepreneur has a sufficiently disclosed complaints procedure and deals with complaints in accordance with this complaints procedure.
2. The customer is obliged to immediately check the delivered products upon receipt. If it appears that the delivered products are incorrect, inadequate or incomplete, the customer must inform the entrepreneur by e-mail within 2 days of receiving the delivered products. If the customer informs the entrepreneur later than 2 days after receipt, the entrepreneur can no longer be held liable.
3. In the e-mail to hello@lottamae.com, the following information must be provided by the customer:

• • a. Name and surname of the customer
• • b. The order number
• • c. A photo and/or video of the product(s)
• • d. Description of the complaint and/or damage

4. Complains submitted to the entrepreneur will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will, within the period of 14 days, send a message of receipt with an indication of when the consumer can expect a more extensive answer.

Article 16 - Retention of title

1. The ownership of the delivered products only transfers to the consumer after he has paid the total amount due to the entrepreneur. The risk of the products is transferred to the consumer at the time of delivery.

Article 17 - Additional stipulations

1. Contracts between the entrepreneur and the consumer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law. Even when the consumer lives abroad.
2. Entrepreneur is entitled to change these general terms and conditions. Changes to these terms and conditions are only effective after they have been published, provided that the provision that is most favorable to the consumer will prevail in the case of appropriate amendments during the period of an offer.
3. The administrative records of the entrepreneur will be deemed as proof of the requests and/or orders issued by the consumer, except where proof is provided to the contrary. The consumer acknowledges that electronic communication can serve as proof.
4. By accepting the general conditions, the customer accepts that the general conditions are written in Dutch, English and Spanish and that the customer has understood the general conditions.