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General terms and conditions of sale and delivery for consumer transactions of lofty manner b.v.

Version 2020 • Filed with the Chamber of Commerce under number 65843037

1. Applicability and Definitions
1.1. In these general terms and conditions of sale and delivery for consumer transactions (“ Terms ”), the following definitions apply:

BW : the Dutch Civil Code;

Consumer : any natural person who does not act in the exercise of a profession or business who negotiates with Lofty Manner BV about the conclusion of an Agreement and/or enters into an Agreement with Lofty Manner BV with regard to the delivery of Products;

Days : calendar day(s);

Third parties : parties other than Lofty Manner BV;

Documentation : the catalogues, instructions and other documentation provided by Lofty Manner BV with regard to the Products;

Purchase Price : the price to be paid by the Consumer for the Products delivered to the Consumer by Lofty Manner BV;

Lofty Manner : the private company with limited liability Lofty Manner BV, with its registered office in (1042 AC) Amsterdam at Gyroscoopweg 56 and registered in the Trade Register of the Chamber of Commerce under number 60488654; as well as its affiliated entities, including the private company with limited liability Lofty Manner Online BV, with its registered office in (1042 AC) Amsterdam and registered in the Trade Register of the Chamber of Commerce under number 65843037;

Agreement : an agreement between Lofty Manner BV and the Consumer on the basis of which Lofty Manner BV supplies Products under whatever title ;

Product : the goods specified in the Agreement (clothing and accessories) of Lofty Manner BV and/or of Third Parties that are delivered to the Consumer by Lofty Manner BV; and

Written : by letter or by e-mail.

If a defined meaning is assigned to words in the plural form above, this also includes the singular form and vice versa.

1.2. These Terms and Conditions apply to all offers, quotations and order confirmations of, orders with and (negotiations about) Agreements with Lofty Manner BV. In the event of any conflict between the Agreement and these Terms, the Agreement will prevail over these Terms.

1.3. Agreements or arrangements that deviate from these Conditions only apply if they have been agreed in Writing with Lofty Manner BV or have been confirmed in Writing by Lofty Manner BV, and otherwise leave these Conditions in full force.

1.4. Nullity or non-applicability of one or more provisions contained in these Conditions or part of a provision does not affect the operation and validity of the other provisions.

1.5. The applicability of any general (purchasing) or other terms and conditions of the Consumer, however named, is expressly rejected by Lofty Manner BV.

2. Offers, specifications and orders
2.1. All offers and statements of Lofty Manner BV

  • are only addressed to the Consumer;
  • must not be distributed;
  • count as one whole;
  • cannot be accepted in part;
  • are entirely without obligation; and
  • can always be revoked.

2.2. If the Agreement is entered into In Writing, it will be concluded on the Day that Lofty Manner BV signs the Agreement, or on the Day that Lofty Manner BV sends the Written order confirmation to the Consumer. In the latter case, the Written order confirmation from Lofty Manner BV is to be regarded as a correct and complete representation of the Agreement concluded between Lofty Manner BV and the Consumer.

2.3 In the absence of a Written order confirmation from Lofty Manner BV, the Agreement will be concluded at the moment that Lofty Manner BV starts its implementation. In that case, the invoice from Lofty Manner BV will be regarded as the order of the Consumer and as the correct representation of the Agreement between Lofty Manner BV and the Consumer.

2.4. Any additional agreements or changes made later will only bind Lofty Manner BV if they have been confirmed in Writing by Lofty Manner BV within fourteen (14) Days and the Consumer has not lodged a Written protest within three (3) Days after this confirmation.

2.5. When entering into an Agreement, Lofty Manner BV is never bound by previous prices, discounts, margins and/or conditions that deviate from these Terms and Conditions agreed with the Consumer.

2.6. Lofty Manner BV always has the right to deviate (in its offer) from the content of the Documentation, until this has been expressly laid down in the Agreement.

3. Prices

3.1. All prices offered by Lofty Manner BV and agreed with Lofty Manner BV are in euros and include the VAT due and inclusive of taxes, levies, excise duties and other (import) duties due by law. Other costs (including shipping costs, processing costs, packaging costs and transport costs) are not included in the price and are the responsibility of the Consumer. The Consumer also bears the exchange rate risk in the event of payment in a currency other than euros.

3.2. All prices stated in the Agreement by Lofty Manner BV are subject to typing and calculation errors.

3.3. Lofty Manner BV is authorized:

a. adjust the agreed price within three months after concluding an Agreement. If the price is then increased, the Consumer has the right to dissolve the Agreement against the effective date of the price increase;

b. to adjust the agreed price after three months after the conclusion of the Agreement. In that case, the Consumer does not have the right to dissolve the Agreement.

3.4. Lofty Manner BV adjusts its price if the cost price of the elements that make up the price has increased after the conclusion of the Agreement. This is the case, for example, but not limited to, if the costs of (raw) materials, operating costs and wage costs have increased. Lofty Manner BV will inform the Consumer about the reasons for a price increase.

4. Payment

4.1. Lofty Manner BV will send an invoice to the Consumer for the amount owed by the Consumer.

4.2. The payment term of each invoice is fourteen (14) Days after the invoice date. All payment terms of Lofty Manner BV are fatal within the meaning of Article 6:83 under a of the Dutch Civil Code. This means that if the payment term of fourteen (14) Days is exceeded, the Consumer will be in default immediately - and without prior notice of default.

4.3. The Consumer must pay the amounts invoiced by Lofty Manner BV without deductions, discounts and/or settlements.

4.4. If the payment term of Article 4.2 of these Terms and Conditions is exceeded, any discounts granted to the Consumer will lapse, Lofty Manner BV is entitled to charge the statutory interest as referred to in Article 6:119 of the Dutch Civil Code and Lofty Manner BV is entitled to all judicial and extrajudicial costs necessary to collect the invoices.

5. Execution of the Agreement

5.1. In order to enable Lofty Manner BV to perform the Agreement properly, the Consumer must always provide Lofty Manner BV with all facilities, data and information that are necessary/useful for the proper execution of the Agreement in a timely and correct manner. The Consumer guarantees the correctness, timeliness, completeness and reliability of the data and information provided by him to Lofty Manner BV.

5.2. Lofty Manner BV is authorized to issue assignments to Third Parties for the implementation of the Agreement. In such a case, Lofty Manner BV remains fully liable towards the Consumer for compliance with the Agreement.

5.3. Drawings, technical descriptions, images, colours, sizes and material specifications are provided by Lofty Manner BV in good faith. However, these informative data are not binding. Deviations in the delivery with the margins customary in the sector must be accepted and do not entitle the Consumer to replacement, repair or compensation.

6. Delivery & delivery time

6.1. Deliveries are made ex-works (Incoterms 2020) from the business address of Lofty Manner BV, or at another place to be designated by Lofty Manner BV.

6.2. Lofty Manner BV makes every effort to observe the (delivery) periods stated by it or agreed with the Consumer, whether or not final, but these can never be regarded as strict deadlines within the meaning of Article 6:83 under a. BW. If such a period is exceeded, Lofty Manner BV will, if possible, indicate a new delivery period/time for the execution of the Agreement to the Consumer. If the delivery term is exceeded, the Consumer is not entitled to any compensation, unless there is intent or gross negligence on the part of Lofty Manner BV.

6.3. If Lofty Manner BV needs data and/or information for the implementation of the Agreement that must be provided by the Consumer, a communicated delivery term never starts before the Day on which all necessary data and/or tools are in possession. belong to Lofty Manner BV or that the Consumer has fulfilled the aforementioned obligation(s) towards Lofty Manner BV or the delivery period is extended in accordance with the foregoing.

6.4. A product is deemed to have been delivered if the Consumer starts using the Product or if the consignment note or packing slip is signed by the recipient.

6.5. If the Consumer does not purchase a Product or does not take it on time, he will be in default without notice of default. In that case, Lofty Manner BV is entitled to store the Product at the expense and risk of the Consumer. The Consumer continues to owe the amounts due under the Agreement, plus interest and costs (by way of compensation).

6.6. Transport of the Products provided by Lofty Manner BV takes place until the moment that the delivered goods are received by or on behalf of the Consumer at the expense and risk of Lofty Manner BV From that moment on, the goods are at the risk of the Consumer.

7. Advance payment & security

7.1. Lofty Manner BV is authorized to demand an advance payment of not more than half of the Purchase Price from the Consumer, or any form of security for not more than half of the Purchase Price, including, but not limited to, rights of pledge and bank guarantees.

7.2. The Consumer is offered the option of paying the Purchase Price afterwards. In the event that this entails additional costs for Lofty Manner BV, these costs will be borne by the Consumer.

7.3. If the Consumer does not make use of the option to pay the Purchase Price in arrears and Lofty Manner BV does not obtain the payments or security required by it for a maximum of half of the Purchase Price, Lofty Manner BV is authorized to suspend its obligations and, if the Consumer does not comply with this, even after a summons, to dissolve the Agreement for the part that has not yet been performed by a Written statement and to claim compensation from the Consumer.

8. Right of withdrawal

8.1. The Consumer has the right to terminate the Agreement for the delivery of Products without giving reasons within fourteen (14) Days after the Products have been delivered to the address specified by the Consumer or the Products have been collected by the Consumer from Lofty Manner BV.

8.2. During the cooling-off period, the Consumer will at all times handle the Product and the packaging with the utmost care. The Consumer may only use the Product in such a way that he can assess whether he wishes to keep the Product.

8.3. If the Consumer wishes to make use of his right of withdrawal, he must make this known to Lofty Manner BV within fourteen (14) Days by completing and sending the model form that is attached as Appendix 1. The Consumer will then return the Product to Lofty Manner BV within fourteen (14) Days with all accessories (attached cards, etc.) and as much as possible with the original packaging. The Consumer will provide Lofty Manner BV with proof of shipment, so that Lofty Manner BV can establish that the Product has been returned within the period of fourteen (14) Days.

Costs upon withdrawal

8.4. The Consumer bears the costs for the return shipment.

8.5. Lofty Manner BV will refund amounts that the Consumer has already paid for the Products as soon as possible, but at the latest within fourteen (14) Days, after Lofty Manner BV has received the Product(s) back. Lofty Manner BV will refund these amounts via the same payment method that the Consumer has used, unless the Consumer gives permission for the use of another payment method.

8.6. In the event of damage to the Product due to careless handling by the Consumer himself, the Consumer is liable for any reduction in value of the Product. If a Product has already been worn by the Consumer, this constitutes careless handling within the meaning of this article.

Exclusion right of withdrawal

8.7. The Consumer cannot make use of the right of withdrawal if the Products delivered:

a. have been created on the basis of customization;

b. by their nature are not suitable to be returned;

c. cannot be returned for hygienic reasons, insofar as the Consumer has broken the product seal. If Lofty Manner BV has justified suspicions that a Product has been worn or that the labels or cards have been removed from a Product, it is not permitted to return the Product for hygienic reasons.

9. Complaints

9.1. Complaints with regard to delivered Products or the invoicing thereof must be reported to Lofty Manner BV In Writing, under penalty of forfeiture of rights, no later than within two (2) months after discovery of any non-conformity or any defect.

9.2. Legal actions must be brought by the Consumer within two (2) years after the timely submission of the complaint, under penalty of forfeiture of rights.

9.3. If the Consumer submits a complaint in time, Lofty Manner BV will, free of charge and at the discretion of Lofty Manner BV, repair the Product that has proven to be defective or replace the Product against return of the Product that has proven to be defective.

9.4. A complaint from the Consumer does not affect the (payment) obligations of the Consumer arising from the Agreement.

9.5. Return shipments that Lofty Manner BV has not approved in writing in advance will not be accepted by Lofty Manner BV and will be entirely at the expense and risk of the Consumer. Return shipments from Consumers due to an appeal to the right of withdrawal are an exception to this rule, provided that the Consumer has reported his return shipment in advance using the model form that is attached as Appendix 1.

10. Liability

10.1. Lofty Manner BV is not liable for damage suffered by the Consumer or Third Parties, unless this damage is the direct result of intent and/or deliberate recklessness on the part of Lofty Manner BV

10.2. Lofty Manner Online is also not liable for damage caused by or by persons engaged by Lofty Manner BV in the performance of the Agreement with the Consumer. This exclusion also includes damage resulting from intent or willful recklessness on the part of the person engaged.

10.3. Without prejudice to the provisions of the previous paragraphs, Lofty Manner BV is in any case not liable for indirect damage, such as consequential damage, damage due to delay, loss of profit or loss of turnover.

10.4. In any case, any liability of Lofty Manner BV is limited to the amount paid out under the liability insurance policies taken out by Lofty Manner BV. Insofar as, for whatever reason, Lofty Manner BV's insurer does not pay out, the liability of Lofty Manner BV is limited to a maximum of the invoice value of the part of the Agreement from which the liability arises.

10.5. If the liability of Lofty Manner BV is established on the basis of article 7:24 of the Dutch Civil Code, any limitation of the liability of Lofty Manner BV will be limited to what is permitted under that article.

11. Force majeure

11.1. If Lofty Manner BV is prevented from executing the Agreement in whole or in part due to force majeure, the term within which Lofty Manner BV must fulfill its obligations will be extended. In the event of force majeure, Lofty Manner BV also has the right, without judicial intervention and at its own discretion, to suspend the performance of the Agreement or to regard the Agreement as dissolved in whole or in part. If Lofty Manner BV makes use of this power to suspend or dissolve, Lofty Manner BV will inform the Consumer about this, but Lofty Manner BV is not obliged to pay compensation.

11.2. If Lofty Manner BV has partially fulfilled its obligations before invoking suspension or dissolution (due to force majeure), Lofty Manner BV is entitled to invoice pro rata and the Consumer must pay these invoices in accordance with the provisions of Article 4.

11.3. Force majeure includes, but is not limited to:

i) disruptions of the internet and/or telecommunication facilities,

ii) strike, fire, machine breakdown and other business disturbances, either at Lofty Manner BV or at Third Parties on which Lofty Manner BV is dependent for the performance of the Agreement,

iii) transport disruptions, travel restrictions and other events beyond the control of Lofty Manner BV, such as war, natural and nuclear disasters, national emergency, terrorist acts and their consequences, blockade, riot, economic disruption, epidemics, pandemics, health risks and the consequences thereof, and

iv) government measures.

12. Intellectual Property

12.1. All intellectual property rights with regard to the Products, Documentation and the (content of the) website(s) of Lofty Manner BV are vested exclusively in Lofty Manner BV and/or Third Parties. The Consumer acknowledges these rights and guarantees that it will refrain from any infringement thereof. If Lofty Manner BV develops any Product and/or Documentation on behalf of the Consumer, the intellectual property rights thereof accrue to Lofty Manner BV

12.2. The Consumer will exclusively acquire a non-exclusive and (in both contractual and property law sense) non-transferable revocable right of use to the aforementioned intellectual property rights for the duration of the Agreement, solely for the purposes arising from the Agreement and subject to full compliance by the Consumer of its obligations under the Agreement and these Conditions. This right of use cannot and may not be (sub)licensed by the Consumer (to Third Parties), unless otherwise agreed in Writing.

12.3. The Products delivered by Lofty Manner BV may not be reproduced, made public or brought to the attention of any Third Parties by the Consumer without prior permission from Lofty Manner BV, other than as permitted under the intended use in the Agreement.

12.4. Lofty Manner BV is entitled to provide the Products with names, (figurative) brands, codes and/or other statements in order to trace the origin of the Products.

12.5. Lofty Manner BV indemnifies the Consumer against claims against the Products delivered and/or provided by Lofty Manner BV with regard to claims based on infringement(s) of intellectual property rights that are valid in the Netherlands, provided that the Consumer (a) immediately informs Lofty Manner BV will notify of the existence and content of the legal action; and (b) leaves the handling of the case, including reaching a settlement, entirely to Lofty Manner BV. The Consumer will fully cooperate with the necessary formalities for this purpose, and, if necessary, allow Lofty Manner BV to act on behalf of the Consumer. defend against these claims. This obligation to indemnify expires if the infringement is related to changes that the Consumer has made or has made to the Products, as well as in the event of a violation of these Terms and Conditions by the Consumer.

12.6. If it has been irrevocably established in court that the Products of Lofty Manner BV infringe an intellectual property right belonging to a Third Party, or if, in the opinion of Lofty Manner BV, there is a reasonable chance that an infringement will occur, Lofty Manner BV will possibly ensure that the Consumer can continue to use the Products delivered or provided, for example by adjusting the infringing parts or by acquiring a right of use for the Consumer. If Lofty Manner BV, in its sole opinion, cannot ensure that the Consumer can continue to use the delivered goods, or cannot otherwise than in a (financially) unreasonably onerous way, ensure that the Consumer can continue to use the delivered goods against crediting of the acquisition costs less a reasonable refund usage fee. Lofty Manner BV will not make this choice until after consultation with the Consumer. Any other or more far-reaching liability or indemnification obligation of Lofty Manner BV due to violation of intellectual property rights of a Third Party is excluded.

13. Transfer of Rights and Obligations

13.1. Without prior Written permission from Lofty Manner BV, the Consumer is not permitted to transfer one or more rights and/or obligations under the Agreement in whole or in part to Third Parties.

13.2. The Consumer shall not outsource the performance of the obligations under the Agreement to Third Parties, either in whole or in part, without the prior written consent of Lofty Manner BV.

13.3. Under certain circumstances, the Consumer remains liable for the Agreement concluded between Lofty Manner BV and the Consumer.

14. Suspension and Dissolution

14.1. Lofty Manner BV has, if the Consumer does not, not properly or not timely, fulfill any obligation that may arise for him from the Agreement or these Terms and Conditions, or if Lofty Manner BV may reasonably expect that the Consumer will fail to comply with any obligation towards Lofty Manner BV, the right to suspend the (further) performance of its obligations by means of a Written notification, without Lofty Manner BV being obliged to pay any compensation, but without prejudice to the other rights accruing to Lofty Manner BV. In these cases, any claim that Lofty Manner BV has against the Consumer is immediately and fully due and payable.

14.2. In case where:

  • the Consumer is declared bankrupt,
  • the Consumer is admitted to the Statutory Debt Rescheduling Scheme for Natural Persons,
  • the Consumer himself requests bankruptcy or suspension of payment or admission to the Statutory Debt Rescheduling Scheme for Natural Persons,
  • the Consumer transfers his estate,
  • attachment is levied on (part of) the assets of the Consumer;
  • the Consumer is placed under guardianship;
  • the Consumer otherwise loses the power to dispose of his assets or parts thereof;
  • the Consumer dies; or
  • the Consumer fails to fulfill an obligation under the Agreement or these Terms and Conditions,

Lofty Manner BV is entitled to dissolve the Agreement in whole or in part with immediate effect, without notice of default or judicial intervention, by means of a Written notification, without prejudice to the other rights of Lofty Manner BV.

15. Retention of Title

15.1. Ownership of the Products only transfers to the Consumer once the Consumer has fulfilled all his payment obligations under the Agreement underlying the delivery or any other Agreement.

15.2. As long as Lofty Manner BV is the owner of the Products, the Consumer may not (re)sell, rent out, allow use, pledge or otherwise encumber these Products other than in the normal course of business.

15.3. If the Consumer has not fulfilled his (payment) obligations in time, Lofty Manner BV has the right to take back the Products delivered under retention of title immediately and without prior notice of default.

15.4. The Consumer is obliged to store the Products delivered under retention of title with due care and as recognizable property of Lofty Manner BV and to keep them adequately insured against damage and theft.

15.5. Insofar as the retention of title on the Products delivered by Lofty Manner BV is nullified by case formation, accession or otherwise, Lofty Manner Online reserves the right to establish a non-possessory pledge on the newly formed item in favor of Lofty Manner BV. At Lofty Manner BV's first request, the Consumer must fully cooperate in establishing such a non-possessory pledge.

16. Processing of personal data

16.1. Lofty Manner BV processes personal data of the Consumer for the implementation of the Agreement and for its administration.

16.2. Lofty Manner BV will process this personal data of the Consumer in accordance with the applicable privacy legislation. In that context, Lofty Manner BV will, among other things, take appropriate technical and organizational measures to secure the processing of personal data. Lofty Manner BV may use (storage) services of Third Parties for the implementation of the Agreement. The Consumer agrees to this in advance. Insofar as Lofty Manner BV has personal data processed by (a) Third Party(s), Lofty Manner BV will conclude an adequate processing agreement with the relevant Third Party.

17. Other

17.1. Dutch law applies to every Agreement between the Consumer and Lofty Manner BV and these Terms and Conditions (including this article 17.1). Notwithstanding this choice of law, the Consumer is entitled to the protection offered by the mandatory law of the country of residence.

17.2. All disputes arising from an Agreement concluded between the Consumer and Lofty Manner BV and/or these Terms and Conditions will be submitted exclusively to the competent court in Amsterdam, or to the court in the district within which the Consumer's place of residence falls.

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