GENERAL CONDITIONS OF CONTRACT
These General Terms and Conditions shall apply to all sales of the products offered via the website www.lottusse.com (hereinafter referred to as the "Products") and, together with the products offered, their price and their description given on this website, and, where appropriate, any special conditions contained in this document (special conditions), will govern the legal relationship between LOTTUSSE, S.A.U. (hereinafter referred to as LOTTUSSE) and the CUSTOMER, comprising the entire agreement between LOTTUSSE and the CUSTOMER.
These General Terms and Conditions shall remain valid for as long as they remain published on the website, and they will refer to the purchase of Products at the time that such conditions are available.
We regret that we cannot accept orders placed by persons who are under the legal age. CUSTOMERS who are minors must inform their parents or guardians of these General Conditions of Purchase. Their parents or guardians must state their acceptance thereof prior to using this website or making any purchase on it.
Identification of the parties
For the first party, the entity that administers the website, www.lottusse.com , LOTTUSSE, S.A.U., hereinafter referred to as "LOTTUSSE", a commercial entity established under Spanish law, with its registered office in Avenida del Raiguer, 2. PO Box 22. 07300 Inca, Mallorca, Spain, registered in the Commercial Register of Mallorca in Volume 798, Book 694 of Companies' Section 3, Folio 171, Sheet number 19547, Entry 1, with CIF [Tax Identification Certificate] A07451495.
For the other party, the CUSTOMER, who is of legal age and whose data are those that have been entered by him/her on the corresponding forms. All the data included on these forms have been entered directly by the CUSTOMER, so that responsibility for the authenticity thereof is directly and exclusively the CUSTOMER'S.
Object of the contract
Following acceptance of these general conditions, LOTTUSSE undertakes to place at the CUSTOMER'S disposal the products acquired through the website www.lottusse.com and the CUSTOMER undertakes to pay the price indicated at the time of making the purchase.
LOTTUSSE does not allow the Products offered through its website to be purchased for subsequent resale. Thus, the accreditation obtained with the acquisition of the product is personal and non-transferable.
It is not necessary to be registered on the Website in order to access and browse it. However, it is necessary to register in order to be able to make purchases through it. Moreover, Users who wish to register on the Website can get exclusive advantages such as a streamlined purchasing process and receiving special offers, notices about events and draws that are exclusively reserved for registered users, etc.
Any user who wishes to register must complete the registration form provided for this purpose on the Website itself.
With regard to the registration process, the CUSTOMER is solely responsible for the quality of the data entered on the forms, and accepts the obligation to provide truthful, accurate and complete about his/her identity, as requested in the registration, purchase and accreditation forms, as well as to update all registration data so that they continue to be truthful, accurate and complete.
CUSTOMERS may amend and/or update their data at any time by accessing their user profile on the Website, but we recommend that they confirm that the data entered and/or amended are correct, especially their e-mail addresses and their addresses for delivery of orders, in order to avoid any inconvenience in the future.
In order for users to be able to register, it is essential that they reside in any of the countries listed on the website or in these Terms and Conditions, and that they be of legal age in accordance with the laws of their country of residence.
Once the CUSTOMER has entered his/her data and clicked on the "Register" button, we will send a confirmation e-mail in order to authenticate the data provided during registration. This e-mail is usually sent and received automatically and in any case within 24 hours of sending the application for registration. If it has not been received within this period of time, it may be due to a temporary communications failure or to an error in the e-mail address that we have been provided with. In both cases, please contact us as soon as possible by sending an e-mail to email@example.com.
If the CUSTOMER provides any false, inaccurate or incomplete data, or if LOTTUSSE has sufficient grounds to suspect that such information is false, inaccurate or incomplete, it shall be entitled to deny access and present or future use of the Website or any of the services.
Your personal data will form part of a file used exclusively for managing and billing the products that you buy and to send you information about our offers and promotions, ensuring you the confidentiality of your data.
All information about the Products offered by LOTTUSSE, for example, but not limited to, prices, features, description, size, etc., are available to the CUSTOMER on the LOTTUSSE website and will be displayed in each case.
We try to ensure that descriptions of the products that the CUSTOMER may see next to each one are as accurate and useful as possible. However, the colours that CUSTOMERS may see displayed on their screens may vary with respect to the original colour of the product.
The characteristics and prices of the Products are indicated on screen in Euros, or else in the currency of the place from which the CUSTOMER has entered the Website, and they include VAT plus any other tax that may apply and be valid at any time, except for typographical errors. Such taxes shall be included and broken down on the invoice.
The prices listed on the website override all those published previously and are in force at the time of its publication. LOTTUSSE undertakes to make every possible effort to maintain these prices, even though they reserve the right to amend them without prior notice, informing the customer of this at the time of making an order. Price changes will not affect orders already made.
Remember that personal data should be given accurately to avoid confusion or incidents in the provision of the service and delivery of the products purchased.
The products that you wish to purchase must be selected and added to the shopping cart by clicking on the corresponding icon.
In order to purchase the desired products after selecting them, the CUSTOMER must access the shopping cart, where he/she must complete the corresponding purchasing form that will be displayed on screen, next to a summary of the products selected, their total price, any applicable taxes and the shipping costs, where applicable.
The CUSTOMER is solely and exclusively responsible for checking these data. LOTTUSSE shall not will be responsible to the CUSTOMER for errors and inaccuracies in the order if LOTTUSSE has sent the Products as detailed in the order confirmation.
Once the order form has been completed, the CUSTOMER must either access his/her account (if already registered) and accept these Conditions or proceed to register and then accept these Conditions. Once they have been accepted, the desired method of payment is selected and the order is confirmed. Depending on the selected form of payment, the CUSTOMER may be redirected to an on-line payment platform to complete the purchase using any of the payment systems accepted.
During the purchasing process, the CUSTOMER must fill out the corresponding form and indicate the address for delivery of the product. If the CUSTOMER provides any false, inaccurate or incomplete data, or if LOTTUSSE had sufficient grounds to suspect that such information is false, inaccurate or incomplete, it reserves the right to cancel the CUSTOMER'S purchase. In this case, LOTTUSSE shall inform the CUSTOMER, and will proceed to refund the amount paid, minus the charges generated by the transaction, through the same means used to make the payment, within fourteen (14) days following such communication.
Once the transaction has been confirmed, the CUSTOMER will receive a communication by e-mail with details of the order and can access the invoice via his/her user profile on the Website. Failure to receive this message may be due to a temporary communications problem on the web or an error in the e-mail address provided. In both cases, it is advisable to contact customer care by e-mail at firstname.lastname@example.org.
It is also advisable to check the details of the e-mail and if any error is detected, to contact customer services by e-mail at email@example.com.
Promotional Codes and Purchase Vouchers
Promotional Codes are promotional activities carried out by LOTTUSSE that will offer special prices under certain conditions; these codes are entered during the purchase process. Purchase vouchers are issued by our Customer Service Department as a means of reimbursing you or rewarding you for your loyalty.
If in doubt, use the promotional codes checker on your user profile on the Website. Promotional codes are not cumulative so only one can be used on each purchase.
- Nominal Codes
These codes are valid only for a specific customer, so if you have received a code of this kind, you can use it only if it has been validated beforehand on your user profile on the Website. To do this, enter your user profile on the Website and validate the promotional code with your e-mail and password before using it on your shopping cart.
- Codes by date
Some codes are valid only between specific dates, so if your code is for specific dates, you cannot use it before or after the valid dates.
- Codes for a purchase
Some codes are valid only for a single consumer purchase, so if you have received one of these codes you can use it only for a single purchase and once used, it will no longer be valid for other purchases.
- Codes for an article
Certain codes are valid only for some specific article from our catalogue. If you have received one of these, you may use it only at special prices on those articles for which it has been created.
Forms of payment and security
LOTTUSSE accepts orders at any time, 24 hours a day, every day of the week.
We will accept payments only via VISA, MASTERCARD OR MAESTRO CREDIT CARDS, PAYPAL OR BANK TRANSFER. No other form of payment than those list above will be accepted.
For payments made via credit card, in order ensure maximum security in the payment system, we use the CAIXA secure payment system, so that the payment will be made on line in real time, via the virtual POST (point of sale terminal) of that entity, once it is established that the reported data are correct. Confidential data (credit card number, date of expiry and CVV) are not sent to our server, but are encrypted and transmitted directly to the CAIXA server, without LOTTUSSE having access to them.
Payments made through PAYPAL may incur additional costs of commissions applied by that institution and these must be paid by the CUSTOMER. These costs will be indicated in each case, and always before the CUSTOMER proceeds to confirm the purchase .
If Bank Transfer selected as the method of payment, the procedure to be followed will be displayed, as well as the account number to which the transfer must be made. Please note that your bank may charge you commissions for sending such a transfer and also that we will not proceed to process your order until payment has been successfully received.
LOTTUSSE reserves the right to withhold any order for security reasons, and also to bar access temporarily to the products purchased. The CUSTOMERS affected will be informed. LOTTUSSE also reserves the right to cancel an order if it is considered that the data provided by the CUSTOMER cannot be verified, or if it is considered that the product has been purchased by the CUSTOMER for resale.
LOTTUSSE will not be responsible for delays in the delivery of orders because of lack of authorization by the system of payment.
LOTTUSSE delivers products and services in countries within the European Union. Shipping will be free for the CUSTOMER, provided standard shipping is selected. However, the CUSTOMER may select others methods of shipping that are offered at any time through the Website, in which case the p&p expenses will be displayed in screen at the time of making the purchase together with the estimated delivery time, and these may vary depending on the shipping address and the specific method chosen for each order.
Orders will be processed within 48 working hours following confirmation, once the manner of payment has been validated or from receipt of payment if this is being made via bank transfer.
There will be no deliveries on Saturdays, Sundays or holidays in each specific region or country.
Deliveries will be made to the address provided by the CUSTOMER and in general within seven (7) business days after the order has been processed, unless a different delivery time has been offered. Deliveries will not be made to PO Boxes.
All deliveries must be signed for upon receipt. Once the merchandise has been signed for, it is the responsibility of the CUSTOMER.
In order to avoid incidents regarding delivery, it is essential to fill in the corresponding form correctly with the box relating to contact phone and e-mail completed, as well as any other data or additional information that may be requested at the time of completing the corresponding form.
In the event of force majeure that prevents or delays the delivery of the product and/or service, the CUSTOMER will be informed so that a new date can be proposed for delivery of the product, without this implying any liability for LOTTUSSE. Any event that prevents delivery of the order for reasons beyond the control of the parties shall be understood as a case of force majeure, including but not limited to strikes, war, floods or other natural catastrophes or lack of materials or the impossibility of supplying them.
Lack of stock
We at LOTTUSSE apply the policy of SATISFACTION GUARANTEED so we take all reasonable measures to ensure that the products available in our online shop on the Website correspond with the stock in our warehouses.
However, in the event that the product purchased by the CUSTOMER is not available for any reason, the CUSTOMER will be informed by e-mail, so that he/she can decide whether to wait for the product to be available again, or to cancel the order and receive a refund of the amounts paid.
In the event that the CUSTOMER requests the cancellation of the order, and therefore the return of any sums paid for it, LOTTUSSE shall proceed to make payment of such amounts as soon as possible, using the same method of payment as the one originally used.
In the event of unjustified delay by LOTTUSSE regarding the return of the sums paid, the CUSTOMER may put in a claim to be paid double the amount due, without prejudice to his/her right to be compensated for any damages suffered in excess of such amount.
Status of your order
In your user profile on the Website you will see that each item in your order is marked with a status code. These codes correspond to the following statuses:
- Pending processing
We have received your order and we are processing your request.
- Pending Stock
Some of the articles in your order are out of stock and we cannot yet send you your order.
- Sent to customer
The order has been sent to you. You can view the status of your order in your customer account and follow the delivery process.
- Received by customer
DHL informs us that you have received your order.
- Purchase cancelled
You have ordered the cancellation of your purchase. In this request, you must choose to be reimbursed the amount paid.
- Customer complaint
After receiving your order you brought a complaint or requested a return or exchange of any of the articles in the order. We have still not been able to check your request.
- Return closed
We have received your return or items to be replaced.
- Closed OK
The order has been closed after have you received all the items and have given us your approval or seven days have passed since receipt thereof. No more changes can be made to this order.
- Refund made
We have made a refund and we are pending confirmation
- Closed Void
The order has been cancelled. No more changes can be made to this order.
Cancellation of orders
The CUSTOMER may cancel the order for any product at no charge and without having to give a reason, provided the order has not been sent. In this case, you will be paid the amounts paid using the same form of payment as the one originally used.
Bear in mind that orders are usually sent on the first working day after purchase, and in any case within 48 working hours following confirmation of the purchase.
To make a cancellation, you can use the CANCEL button on your User Profile on the Website corresponding to your order or contact the customer service department at the following e-mail address: firstname.lastname@example.org.
If the order has already left our warehouse, it cannot be cancelled. However, you may return your order once it has been received, in accordance with the following conditions of return.
Cancellation, returns and exchanges
LOTTUSSE applies the satisfaction guaranteed policy so that any product purchased through this website can be returned to our shop or a replacement can be requested. If after receiving the product purchased, the CUSTOMER is not satisfied, he/she has a period of 14 calendar days from the date of receipt of the order to exercise the right of cancellation, return, or exchange, except in the case of a made-to-measure product, in which case the CUSTOMER recognizes and accepts that because of the special features of such products, he/she loses the right of cancellation, return or change.
To exercise the right of cancellation, return, or exchange of the product purchased, the following conditions must be met:
Return address: Rambla Cataluña, 103-105. CP 08008 Barcelona, Spain.
In order to exercise the right of cancellation, the CUSTOMER must notify us of his/her decision to cancel the contract, using the user profile page on the Website or by means of a clear statement sent by e-mail to email@example.com, together with the following information:
FORM WITH THE FOLLOWING INFORMATION
I hereby inform you that I wish to cancel my sale contract for
Name of the consumer and user:
Address of the consumer / user:
In order to meet the cancellation deadline, it is enough for the communication relating to your exercise of this right to be sent before the expiry of the relevant period.
You will in any case receive an e-mail confirming the exercise of your right to cancel.
Consequences of cancellation:
In the event of cancellation by the CUSTOMER, we will refund all payments received for the purchase (with the exception of any additional expenditure resulting from the selection by the CUSTOMER of a method of delivery other than the most economical ordinary method of delivery that we offer) without no undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of the decision to cancel this contract. We will proceed to make this refund using the same method of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER has expressly stated otherwise; in any case, the CUSTOMER shall not incur any expense as a result of the refund. If the CUSTOMER has not received the amount owed within that period, he/she will be entitled to claim double the amount.
The CUSTOMER must return the merchandise to us or deliver it directly, packaged in its original packaging. The product must not have been used. The product must be returned in the same condition in which it was sent and if possible in its original packaging. If the original packing is not available, then packaging of a similar size and capacity must be used instead.
DHL will collect the package from you within 48 hours following the processing by LOTUSSE of your exercise of the right of cancellation which, where appropriate, shall be sent by e-mail. The CUSTOMER will not be charged anything for returning the merchandise by this means. It is not necessary to indicate the return address, but please state clearly "RETURN TO ON-LINE SHOP" on the wrapping of the package, as this will facilitate logistics and speed up the return process.
The CUSTOMER shall be responsible for any loss of value of the merchandise only if this is the result of handling it in a manner other than what is required by the nature, characteristics and function of the Products acquired.
Despite the foregoing, if the customer decides to send the product himself/herself, we may retain the refund until we have received the Products, or until the CUSTOMER has presented proof of return, whichever is earlier. It this case, the CUSTOMER must return or deliver the merchandise directly to LOTTUSSE, Avenue del Raiguer, 2. PO Box 22. 07300 Inca, Mallorca, Spain, with no undue delay and, in any case, no more than 14 calendar days from the date on which we are informed of the decision to cancel the contract, and the CUSTOMER must assume the direct cost of returning the product. This term shall be considered as fulfilled if the merchandise is returned before it has concluded.
Refund or Exchange
If the product purchased has some defect of manufacture or quality, or if the CUSTOMER simply wishes to exchange it for another product, he/she may ask to return or exchange it within 14 calendar days after taking material possession of the product. In this case we will undertake to collect the defective product and will send another identical product at no additional cost to the CUSTOMER, unless the CUSTOMER requests a refund of the money, in which case the full amount paid for the product shall be refunded within a period of 10 working days. The refund shall be made automatically using the same method of payment used for the initial transaction.
In order to effect the refund or exchange, access your user profile on the Website, and:
Shipping costs of returns
If the return is for some reason attributable to LOTTUSSE:
We will cover the transport costs of the return and refund you the amount that you have paid for the article, by cancelling the charge. In any other case the return transport costs will be charged to you and we will deduct these from the amount to be refunded. The costs will be approximately 10 Euros for shipping. In any case, we confirm this amount when making the refund.
Costs of shipping exchanges
In the case of an exchange for:
We will pay for the shipping costs of the first replacement, in both directions. In the case of subsequent replacements you will pay these in both directions. The cost of such shipments is approximately 20 Euros each, which will in any case be confirmed to you at the time of making the exchange.
Guarantee and Claims
Our Customer Care department has an after-sales service through which we offer attention to our Customers to resolve any complaint or problem they may have with our products,. This department can be contacted either by e-mail at firstname.lastname@example.org or by phone on 673 064 311 from Monday to Thursday from 10:00 hrs to 13.00 hrs and from 15:00 hrs to 18:00 hrs, and on Fridays from 10:00 hrs to 13.00 hrs. Please note that the phone service may not be the most effective, since it may not be able to answer your queries immediately and, except in emergencies, you will always find it more effective to contact customer care using the forms available on our website.
The products offered through our Website are guaranteed for 2 years against manufacturing defects. In order to make use of the guarantee within the legal timeframe of two years following delivery of the product, it will be essential to present proof of purchase. You can do so via the e-mail address email@example.com .
The guarantee will not cover those cases in which the wear or defect is caused by misuse of the product by the CUSTOMER, or by negligence, blows, improper use or tampering, or when the materials have been subject to wear from normal use, or any details of the guarantee or proof of purchase have been modified, altered or replaced and/or the product has been handled or repaired by third parties unrelated to LOTTUSSE.
In those cases where use of the guarantee is justified, the choice will be offered of repair, replacement of the article, discount or refund, under the terms established by law.
Intellectual and industrial property
LOTTUSSE guarantees to the CUSTOMER that it is the holder of the intellectual and industrial property rights over the products sold and/or where applicable has the necessary authorization to market these through its website.
The CUSTOMER acknowledges and accepts that the Products, as well as their contents, packaging, materials, etc., are subject to the intellectual and industrial property rights owned by LOTTUSSE and/or third parties.
The act of acquiring the Products and surfing the website of LOTTUSSE shall in no case means a waiver, transfer, license or assignment, either total or partial, to the CUSTOMER of the intellectual and industrial property rights owned by LOTTUSSE or any relevant third party, as applicable. The CUSTOMER may not in any event alter, exploit, reproduce, distribute or publicly communicate the Website, its contents or the products purchased through it, without the prior and express authorization specifically granted for such purpose by LOTTUSSE or the relevant third party, as applicable.
Modification of the Conditions
LOTTUSSE reserves the right to modify this agreement when it considers it right to do so or for the purpose of adapting the text thereof to any legislative or technological changes or to changes in its contractual relationship with third parties. The CUSTOMER will be duly informed of such changes.
If any part of these terms and conditions is contrary to the Law and therefore invalid, it shall not affect the other provisions that are not contrary to the Law. The parties undertake to renegotiate those parts of the conditions of the contract that might be null and void and to incorporate them into the rest of the terms and conditions.
Exclusion of guarantees and liability
LOTTUSSE shall not be liable for delays or failures that occur in the access, functioning and operation of the website, or its products, nor for interruptions, suspensions or malfunction thereof for causes beyond the control of LOTTUSSE or when they are caused by damage from natural disasters or situations of force majeure or extreme emergency such as strikes, computer attacks or intrusions (viruses that may affect users' devices), or any other situation of force majeure or unforeseen circumstances.
LOTTUSSE reserves the right to interrupt access to its website www.lottusse.com, as well as the provision of any or all of the content offered through the same at any time and without prior notice, whether for technical or security reasons, when doing checks or maintenance or as a result of any type of failure in the telecommunications networks or electricity supply.
LOTTUSSE shall not be liable in the case of faults in the service, malfunctions or any other cause over which it has no direct control or that originates from intentional actions or negligence of the user or by force majeure or is attributable to third parties.
LOTTUSSE shall have no liability for information, data or images of any type and links published on its website from third parties and shall not offer any guarantee of the veracity and accuracy of information that is made available to users or provided by the users themselves.
Nor will it assume liability for direct, indirect or incidental damages and/or lost profits.
The CUSTOMER shall release LOTTUSSE of any liability that might derive from the claims of third parties regarding the infringement of rights that may result from the CUSTOMER'S action.
Should LOTTUSSE fail to apply any of the requirements provided for in the above points, this shall not in any way be understood as a waiver of such requirement.
Resolution of Conflicts
The applicable Spanish law governs these General Conditions. The parties, without renouncing their jurisdiction or any other that may correspond by law, submit to the jurisdiction of the Courts and Tribunals of the city of Inca for all actions and claims that may arise from the interpretation or execution of these General Conditions.
In the same way, we inform you that you have the right to request an out-of-court resolution of consumer disputes through the online dispute resolution platform developed by the European Commission, accessible through the Internet address https://ec.europa.eu/consumers/odr/main/?event=main.home2.show