Terms and Conditions
Terms and conditions of Lotus Leven, established in landgraaf. Lotus Leven has the following websites: lotusleven.nl and lotusleven.com
1. General conditions
1.1 These general conditions apply to all offers of Lotus Leven. The conditions are accessible for everyone and included on the internet site of Lotus Leven.
1.2 By placing an order you agree with the terms of delivery and payment.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Lotus Leven.
1.4 Lotus Leven guarantees that the products and/or services comply with the agreement, the specifications stated in the offer.
2.1 Delivery will take place while stocks last.
2.2 Under the rules of the sale on distance will run Lotus Leven orders at least within 30 days. If this is not possible (because the ordered item is not in stock or is no longer available), or there is a delay for other reasons, or an order cannot be executed or only partially, then the consumer will be so notified within one month of the placing of the order and, in that case, shall have the right to cancel the order without cost or notice of default.
2.3 To the delivery obligation by Lotus Leven will, proof to the contrary, be fulfilled as soon as the goods supplied by Lotus Leven once to the customer are offered. In the report delivered by the carrier, holding the refusal of acceptance, to full proof of the offer to delivery.
2.4 All terms on the internet site are indicative. No rights can be derived from this information.
3.1 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.2 All prices on the website are euro’s based and including 21% VAT.
4. Trial period/right of withdrawal
4.1 If there is a consumer purchase in accordance with the Distance Selling Act (Section 7: 5 Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 7 working days without giving any reason. This period starts at the moment the ordered items are delivered. If the customer has not returned the delivered goods to Lotus Leven after this period, the purchase is a fact. The purchaser is obliged, before moving on to return, within the period of 14 working days after delivery to report at Lotus leven through the customer service. The consumer must prove that the delivered items have been returned in a timely manner, for example by proof of mail delivery.
Return of the business should be in the original packaging (including accessories and associated documentation) and in original condition as well. If the goods have been used by the buyer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph. Subject to what is provided in the previous sentence, carries Lotus Leven ensure that good within 30 days after receipt of the return, the full purchase amount including the calculated shipping cost to the customer will be refunded.
The return of a product in good harm is the full responsible of the customer who return the product(s).
4.2 The following exceptions apply:
- for the supply of goods made to the consumer specifications or clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly.
- for goods or services that cannot be returned due to their nature, for example in connection with hygiene or that rapidly decay or become obsolete.
5. Data management
5.2 Lotus Leven respects the privacy of his users of their internet site and takes care of a confidential treatment of your personal data.
5.3Lotus Leven uses a mailing list in some cases. Every mailing contains instructions to remove yourself from this list.
6.1 Lotus Leven guarantees that the products it delivers meet to the requirements of usability, reliability and lifespan such as these the parties to the contract of sale are intended in reasonableness, and stands with it in the factory warranty of the product delivered to you.
6.2 The Lotus Leven warranty period corresponds to the factory warranty period. However, Lotus Leven is never responsible for the ultimate suitability of the business for each individual application the customer, nor for any advice regarding the use or application of the business.
6.3 The customer is obliged to deliver the delivered goods immediately upon receipt
to check. If it appears that the delivered item is wrong, inadequate or is incomplete, then the customer (before proceeding to return to Lotus Leven) immediately report these defects to the customer service of Lotus Leven. Any defects or incorrectly delivered goods serve and can at no later than 2 months after delivery argued to Lotus Leven to be notified in writing. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after detection of failure, damage arising after detection of defect, encumbrance and / or resale after detection of failure, this right to complain and return completely canceled.
6.4 If complaints from the customer are validated by Lotus Leven, Lotus Leven will at its discretion or the delivered goods free of charge replace or with the customer a written arrangement on the compensation without prejudice to the liability of Lotus Leven and therefore the amount of compensation is always limited to a maximum of invoice amount of the relevant items, or (at Lotus Leven’s option) to the maximum in the relevant case by the liability insurance of Lotus Leven. Every liability of Lotus Leven for any other form of damage excluded, including additional compensation in which form, compensation for indirect damage or consequential damage or damage to win.
6.5 Lotus Leven is not liable for damage caused by intent or equate to that conscious recklessness of non-executive staff.
6.6 This guarantee does not apply if: A) and as long as the customer is obliged to Lotus Leven is in default; B) the customer has the delivered goods himself repaired and / or modified or have been repaired and / or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of Lotus Leven and / or instructions on the packaging have been treated; D) the defective in whole or in part the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
7.1 Offers are without obligation, unless otherwise stated in the offer.
7.2 On acceptance of a non-committal offer by the buyer, retains Lotus Leven reserves the right to the offer within the period of 3 to revoke or to cancel work days after receipt of that acceptance neighborhoods.
7.3 Verbal promises only bind Lotus Leven after it expressly confirmed in writing.
7.4 Offers from Lotus Leven do not automatically apply Backorders.
7.5 Lotus Leven can not be held to its offer if the customer should have understood that the offer, or a part of it, contained an obvious mistake or error.
7.6 Additions, changes and / or further agreements are only valid, if agreed in writing.
8.1 An agreement between Lotus Leven and a customer comes into being after an order assignment by Lotus Leven on feasibility has been assessed. Lotus Leven reserves the right, without giving reasons do not accept orders or only accept them under the condition that the shipment is made cash on delivery or after payment in advance.
9. Images and specifications
9.1 All images; photographs, drawings etc .; inter alia data concerning weights, dimensions, colors, images of labels, etc. on the Lotus Leven internet site are only approximate, are indicative and can not be a reason for compensation or dissolution of the agreement.
10. Force majeure
10.1 Lotus Leven is not liable, if and insofar as it commitments can not be fulfilled due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delay or default by our suppliers, failures in the Internet, faults in electricity, disturbances in e-mail traffic and malfunctions or changes in technology provided by third parties, transport problems, strikes, government action, delays in landing, negligence from suppliers and / or manufacturers of Lotus Leven as well as from auxiliary persons, sickness of personnel, defects in auxiliary or transport equipment apply expressly as force majeure.
10.3 Lotus Leven reserves the right for her in the event of force majeure to suspend obligations and is also entitled to terminate the contract entirely or to dissolve in part, or to claim the content of the agreement is modified so that execution remains possible. In no case Lotus Leven is bound to pay any penalty or compensation.
10.4 If Lotus Leven is already partially involved in the event of the force majeure has fulfilled her obligations or only partially fulfills her obligations can meet it is entitled the already delivered or the deliverable part separately invoiced and the customer is obliged to pay this invoice as it was a separate contract. However, this does not apply if it has already been delivered or deliverable part has no independent value.
11.1 Lotus Leven is not liable for damage to objects caused by misuse of the products. Read the instructions before use the packaging and / or consult our website.
12. Reservation of ownership
12.1 Ownership of all goods sold by Lotus Leven to the customer delivered goods remain with Lotus Leven as long as the customer claims Lotus Leven under the agreement or earlier or later similar contracts, as long as the customer has performed the same or work still to be performed from these or similar agreements has not yet fulfilled and as long as the customer claims the Lotus Leven due to shortcomings in the fulfillment of such commitments not yet has met, including claims in respect of fines, interest and costs, as referred to in Section 3:92 of the Dutch Civil Code.
12.2 The items delivered by Lotus Leven which are covered by the retention of title may only be made within the framework of a normal business operations are resold and never become a means of payment used.
12.3 The customer is not authorized to fall under the retention of title to pledge or encumber it in any other way.
12.4 The customer already gives unconditional and irrevocable consent to Lotus Leven or a third party to be appointed by Lotus Leven, in all cases in which Lotus Leven wants to exercise its property rights, all of them places to enter where her property will be located and which to take things there.
12.5 If third parties seize the property delivered under retention of title business or wanting to establish or enforce rights on it, is the customer obliges Lotus Leven as soon as reasonably can be expected to inform.
12.6 The customer undertakes the goods delivered under retention of title to insure and keep it insured against fire, explosion and water damage as well as against theft and the policy of this insurance on first request to provide access to Lotus Leven.
13. One-off direct debit
13.1 If you do not agree with a collection of your account, you can contact us record with customer service. You can then respond within 2 working days expect. If your dispute is found to be well-founded, it will be collected amount directly back to the account from which it was cashed.
14. Applicable law / competent court
14.1 Dutch law applies to all agreements.
14.2 From disputes arising from an agreement between Lotus Leven and buyer, which can not be resolved by mutual agreement, takes the competent judge in the district of Landgraaf, unless Lotus Leven prefers giving the difference to the competent court of the domicile of the buyer, and with the exception of that disputes that belong to the competence of the subdistrict court.
If you have any questions about these terms and conditions, please contact us.