Terms and Conditions

General Terms and Conditions

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, termination and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

Article 1 - Definitions

The following terms apply to these conditions:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: a natural person who is acting for purposes outside their trade, business or profession and who enters into a distance contract with the entrepreneur;
Day: a calendar day;
Duration contract: an agreement concerning a series of products and/or services, with a delivery and/or performance obligation spread over time;
Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
Withdrawal form: the model withdrawal form that the entrepreneur provides to allow the consumer to exercise their right of withdrawal;
Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: any means that can be used for the conclusion of a contract between the consumer and the entrepreneur without the consumer and entrepreneur being physically present in the same place at the same time;
Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Name of entrepreneur: LOMAZOO B.V.

Trading under the name: LOMAZOO

Registered address:

Kamerlingh Onnesweg 31, 3316 GK, Dordrecht, Netherlands

Telephone number: +31 85-0044944

(available 7 days a week from 9.00 am to 6.00 pm)

Email address: info@lomazoo.com

Chamber of Commerce number: 77987411

VAT identification number: NL861223676B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every remote agreement and order concluded between entrepreneur and consumer.
Before the remote agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and will be sent to the consumer free of charge upon request as soon as possible.
If the remote agreement is concluded electronically, in deviation from the previous paragraph and before the remote agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request by electronic means or otherwise.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these terms and conditions shall remain in force for the rest and the relevant provision shall be replaced by a provision that approximates the purpose of the original provision as closely as possible through mutual consultation.
Situations that are not covered by these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be the basis for any compensation or termination of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains information such that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the way in which the agreement will be concluded and what actions are required for this;
- the applicability of the right of withdrawal;
- the method of payment, delivery, and execution of the agreement;
- the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular base rate for the communication medium used;
- whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
- the way in which the consumer can check and, if necessary, correct the data provided by him in the context of the agreement before its conclusion;
- the possible other languages in which, in addition to English, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuous or periodic performance contract.

Article 5 - The agreement

The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein, subject to the provisions of paragraph 4.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that purpose.
Within legal frameworks, the entrepreneur may inquire whether the consumer is able to meet his payment obligations, as well as of all facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good reason, on the basis of this investigation, not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the implementation.
The entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, along with the product or service to the consumer:
a) the address of the establishment of the entrepreneur where the consumer can lodge complaints;
b) the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c) the information on warranties and existing after-sales service;
d) the information referred to in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e) the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of an extended transaction, the provision in the preceding paragraph applies only to the first delivery.
Every agreement is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

In case of product delivery:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 30 days. This withdrawal period starts on the day after the consumer or a previously designated representative, who is known to the entrepreneur, has received the product.
During the withdrawal period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he shall return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 30 days after receipt of the product. The consumer must do this by means of the model withdrawal form or by other means of communication such as email. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If the customer has not made his right of withdrawal known to the entrepreneur within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, he shall bear no more than the cost of returning the goods.
If the consumer has paid a sum for the goods, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received back by the online retailer or that conclusive evidence of complete return can be provided. The entrepreneur will use the same means of payment that the consumer used, unless the consumer agrees to a different method of payment.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any diminished value of the product.
The consumer cannot be held liable for any diminished value of the product if the entrepreneur has failed to provide all legally required information about the right of withdrawal before concluding the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that are produced according to the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price is linked to fluctuations in the financial market over which the entrepreneur has no control;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software where the consumer has broken the seal.
h. for hygienic products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services: a. related to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period; b. where the delivery has started with the express consent of the consumer before the withdrawal period has expired; c. related to betting and lotteries.

Article 9 - The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are tied to fluctuations in the financial market and over which the entrepreneur has no control. These fluctuations and the fact that any prices stated may be indicative will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
The prices stated in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to supply the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that were in force on the date the agreement was concluded. If agreed, the entrepreneur also warrants that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 48 hours of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

The consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or have been treated carelessly or have been treated in violation of the entrepreneur's instructions and/or the instructions on the packaging;
The defects are wholly or partially the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to the company.
The company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed, or only partially executed, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the agreement without any costs. The consumer is not entitled to any compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated times. Exceeding a time limit does not entitle the consumer to any compensation.
In the event of termination in accordance with Article 11(3), the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and notified representative of the entrepreneur, unless expressly agreed otherwise.

Article 12 - Continuing performance contracts: duration, termination, and extension

Termination

The consumer may terminate a contract that has been concluded for an indefinite period and that involves the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract that has been concluded for a definite period and that involves the regular delivery of products (including electricity) or services at any time, at the end of the agreed period, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the preceding paragraphs:
• at any time and shall not be restricted to termination at a particular time or in a particular period;
• terminate at least in the same manner as they were entered into;
• always terminate with the same notice period as the entrepreneur has agreed for himself.

Extension

A contract that has been concluded for a definite period and that involves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specified period.
Notwithstanding the preceding paragraph, a contract that has been concluded for a definite period and that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a specified period of up to three months if the consumer is able to terminate this extended contract at the end of the extension period with a notice period of no more than one month.
A contract that has been concluded for a definite period and that involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is at all times entitled to terminate it with a notice period of no more than one month and a notice period of no more than three months in the event that the contract involves the regular delivery of daily, news, and weekly newspapers and magazines, but less than once per month.
A trial or introductory subscription contract for daily, news, and weekly newspapers and magazines shall not be tacitly renewed and shall terminate automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless the reasonableness and fairness dictate otherwise against termination before the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period shall commence after the consumer has received the confirmation of the contract.
The consumer has the obligation to report any inaccuracies in provided or stated payment details to the entrepreneur immediately.
In the event of default by the consumer, the entrepreneur shall have the right, subject to legal limitations, to charge the reasonable costs disclosed to the consumer in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be fully and clearly described and submitted to the entrepreneur within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
For complaints, a consumer must first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

Article 15 - Disputes

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable data carrier in an accessible manner.

ANNEX 1/1: Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

- To
LOMAZOO B.V.
Kaagschip 14, 3991 CS Houten, Netherlands

support@lomazoo.com
085-0044944

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service (*):

— Ordered on (DD-MM-YYYY): — Order number:

— Received on (DD-MM-YYYY):

— Name(s) of consumer(s)

— Address of consumer(s):

— IBAN bank account number:

— Signature of consumer(s) (only if this form is notified on paper)

— Date (DD-MM-YYYY):

(*) Delete as appropriate.