Terms of Service

Contents

  • Article 1 - Definitions
  • Article 2 - Identity of the entrepreneur
  • Article 3 - Application
  • Article 4 - Offer
  • Article 5 - Agreement
  • Article 6 - Right of withdrawal
  • Article 7 - Costs in the event of withdrawal
  • Article 8 - Exclusion of the right of withdrawal
  • Article 9 - Price
  • Article 10 - Compliance and warranty
  • Article 11 - Delivery and Fulfillment
  • Article 12 - Fixed-term contracts: Duration, termination and extension
  • Article 13 - Payment
  • Article 14 - Complaints procedure
  • Article 15 - Disputes
  • Article 16 - Products or services
  • Article 17 - Contact

Article 1 – Definitions
The following definitions apply in these general terms and conditions:

“Withdrawal Period”: the period within which the consumer may exercise his or her right to withdraw from the contract.
“Consumer”: a natural person who does not act in the course of his or her business or professional activity and concludes a distance contract with a trader.
“Day”: calendar day.
“Distance Contract”: a contract concluded between a trader and a consumer under an organised distance selling system, in which only means of distance communication are used until the conclusion of the contract.
“Distance Communication Technology”: a means that enables a contract to be concluded without the consumer and the trader having to be in the same place at the same time.
“Right of Withdrawal”: the possibility for the consumer to terminate a distance contract during the withdrawal period.
“Trader”: a natural or legal person who offers products and/or services at a distance to consumers.
“General Terms and Conditions”: these general terms and conditions of the entrepreneur.

Article 2 – Entrepreneur Identity

Company name: Losh Fashion
Address: De Limes 202, 2342 DH Oegstgeest, The Netherlands
Company registration number: 74222519
Email: info@loshfashion.com
Phone: +31684059418

Article 3 – Application
These general terms and conditions apply to every offer made by Losh Fashion and to every distance contract concluded between Losh Fashion and a consumer.

Before concluding a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not possible, Losh Fashion will indicate how the general terms and conditions can be viewed and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, derogating from the previous paragraph, be made available to the consumer in electronic form in a manner that allows for easy storage on a durable data carrier. If this is not possible, before concluding the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or by other means free of charge upon request.

If, in addition to these general terms and conditions, specific terms and conditions apply for a product or service, the second and third paragraphs of this article shall apply accordingly and, in the event of conflicting terms and conditions, the consumer may always rely on the one which is more favourable to him.

If one or more provisions of these general terms and conditions prove to be invalid or unenforceable, the contract and these general terms and conditions will remain in force and the relevant provision will be immediately replaced by a provision that most closely reflects the original intention.

Situations not covered by these general conditions will be assessed “in the spirit” of these conditions.

Any doubts concerning the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these terms and conditions.

Article 4 – Offer
If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.

The offer is non-binding. Losh Fashion reserves the right to change and adapt the offer.

The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Losh Fashion uses images, they are a true representation of the products and/or services offered. Obvious errors or omissions in the offer do not bind Losh Fashion.

All photos and specifications in the offer are indicative and cannot constitute a basis for claiming compensation or withdrawing from the contract.

The product images are a true representation of the products offered. Losh Fashion does not guarantee that the colors displayed will accurately reflect the actual colors of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting it. This includes, in particular:

  • Price, excluding customs clearance costs and import taxes. These additional costs are borne by the consumer.
  • Shipping costs.
  • Method of concluding the contract and required actions.
  • Whether the right of withdrawal applies or not.
  • Method of payment, delivery and performance of the contract.
  • The period during which an offer may be accepted, or the period during which Losh Fashion guarantees the price.
  • A fee for distance communication if the cost of using the communication technique differs from the standard rate for the communication medium used.
  • Will the contract be archived after its conclusion and how can the consumer access it?
  • The way in which a consumer can access his or her data provided in connection with the conclusion of a contract, before concluding it.
  • What other languages, besides English, can be used to conclude a contract?

Article 5 – Agreement
Notwithstanding the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and meets the conditions specified for it.

If the consumer accepts the offer electronically, Losh Fashion will immediately confirm receipt of the acceptance of the offer electronically. The consumer may cancel the contract until such time as the acceptance is confirmed.

If the contract is concluded electronically, Losh Fashion will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure online environment. If the consumer has the option of paying electronically, Losh Fashion will take appropriate security measures.

Losh Fashion may, within the scope of applicable legal provisions, verify whether the consumer can meet their payment obligations and any facts or circumstances relevant to the responsible conclusion of the distance contract. If Losh Fashion has legitimate grounds to refuse to conclude the contract based on this verification, it is entitled to refuse to accept the order or application or to impose special conditions for the performance of the contract.

Losh Fashion will provide the consumer, together with the product or service, with the following information in writing or in a way that allows it to be easily recorded on a durable data carrier:

  • Plant address Losh Fashion, where consumers can submit complaints.
  • The conditions under which and how the consumer can exercise his right of withdrawal or a clear statement excluding the right of withdrawal.
  • Information about available after-sales services and warranties.
  • The information contained in Article 4 of these Terms and Conditions, unless Losh Fashion failed to deliver them to the consumer before the contract was fulfilled.
  • Requirements for canceling a contract if the contract lasts longer than one year or is for an indefinite period.
  • In the case of a contract for the provision of services for a fixed period, the provisions of the above paragraph apply only to the first delivery.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to terminate the contract without giving any reason within 14 days. The withdrawal period begins on the day the consumer or a person designated by them receives the product.

During the withdrawal period, the consumer must treat the product and its packaging with due care. The product may only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, if possible, in its original condition and packaging, as clearly and reasonably indicated by the consumer. Losh Fashion instructions.

If the consumer wishes to exercise the right of withdrawal, he/she must notify Losh Fashion within 14 days of receiving the product. Notification must be made using the returns form or other written or electronic means. Upon notification, Losh Fashion consumer must return the product within 14 days.

Articles 7 through 10 as requested. Here's the translation for those:

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises the right of withdrawal, he will have to bear the costs of returning the product, unless Losh Fashion has clearly stated that these costs are covered by the trader. Return costs depend on the weight and size of the product and the delivery method.

If the consumer exercises the right of withdrawal, Losh Fashion is not responsible for any additional costs associated with this refund, including any differences in delivery costs if the consumer has chosen a more expensive delivery method than the standard one offered by Losh Fashion. Losh Fashion.

Article 8 – Exceptions to the Right of Withdrawal

The right of withdrawal does not apply in the following cases:

  • Contracts for the supply of products that spoil quickly or have a short shelf life.
  • Contracts for the supply of sealed products that cannot be returned once opened for health or hygiene reasons.
  • Contracts for the supply of products that have been tailored to the individual needs of the consumer or are made to order.
  • Contracts for the provision of services that have been fully performed with the consumer's consent before the expiry of the withdrawal period.

Article 9 – Price

Prices of the products and services offered are listed on the website Losh Fashion and are expressed in euros (EUR). Prices include VAT but exclude shipping costs, which are added to the purchase price and are clearly indicated before payment.

Losh Fashion reserves the right to change prices at any time, but any changes will not affect existing contracts. If the price of a product changes after an order has been placed, Losh Fashion will inform the consumer before processing the order.

Article 10 – Compliance and Warranty

Losh Fashion guarantees that the products will comply with the contract, as described in the offer, and will be free from defects. If the product does not comply with the contract, the consumer has the right to file a complaint within two years from the date of purchase.

If the product does not conform to the contract, the consumer has the right to have the product repaired or replaced free of charge. If repair or replacement is not possible, the consumer may request a price reduction or withdrawal from the contract.


Article 11 – Complaints

The consumer has the right to file a complaint if the product is defective or does not conform to the contract. Complaints must be filed within two years of the date of purchase. Complaints should be submitted directly to Losh Fashion via the complaint form or contact customer service.

After receiving the complaint Losh Fashion will review your complaint within 14 business days. If the complaint is deemed valid, Losh Fashion will offer the consumer one of the following options: repair, replacement of the goods or a refund.

Article 12 – Personal Data Protection

Losh Fashion is committed to protecting the personal data of its customers and complying with data protection laws. Personal data submitted will be used solely for the purposes of order fulfillment, customer contact, complaint handling, and for marketing purposes, if the customer consents.

Consumers have the right to access, correct, and request deletion of their personal data at any time. More information about the privacy policy can be found in the relevant section of the website. Losh Fashion.

Article 13 – Payments

Unless otherwise agreed in the contract or additional terms, amounts due by the consumer must be paid within seven working days from the commencement of the withdrawal period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer receives confirmation of the conclusion of the contract.

The consumer is obliged to inform immediately Losh Fashion of any inaccuracies in the payment details provided or posted.

If the consumer fails to meet his payment obligations on time, he will be obliged to pay statutory interest on the overdue amount after Losh Fashion will indicate the delay and grant the consumer an additional 14-day period to settle the amount due. After this period, Losh Fashion reserves the right to charge the consumer for the costs of out-of-court debt collection. These costs amount to a maximum of: 15% of the outstanding amount up to €2,500; 10% of the next €2,500; and 5% of the next €5,000, with a minimum amount of €40. Losh Fashion may waive these amounts and percentages in favour of the consumer.

Article 14 – Complaints procedure

Complaints regarding the performance of the contract must be reported within a reasonable time, fully and clearly describing the problem to which Losh Fashion, after the consumer discovers defects.

Complaints reported to Losh Fashion will be processed within 14 days of receipt. If a complaint requires a longer processing time, Losh Fashion will respond within 14 days, acknowledging receipt and providing an estimated date for a detailed response.

If a complaint is not resolved amicably, it will give rise to a dispute which will be subject to a dispute resolution procedure.

Filing a complaint does not suspend obligations Losh Fashion, unless Losh Fashion has clearly stated otherwise in writing.

If the complaint is deemed justified by Losh Fashion, the company, at its discretion, will replace or repair the delivered products free of charge.

Article 15 – Disputes

For contracts concluded between Only Dutch law applies between Losh Fashion and the consumer to whom these terms and conditions apply, even if the consumer lives abroad.

Article 16 – Products or services

Certain products or services may be available only online through the website. These products or services may have limited quantities and may be returned or exchanged only in accordance with our returns policy.

We have made every effort to accurately display the colors and images of our products at the store. However, we cannot guarantee that the colors you see on your computer screen will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to certain persons, geographic regions, or countries. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered. All product descriptions or prices are subject to change at our discretion without notice. We reserve the right to withdraw any product at any time. Any offer for a product or service on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

While we strive to minimize size variations through quality control, there may be size variations of 3-7 cm for clothing and 1 cm for footwear.

Delivery

If you place an order and do not collect it before it is returned to us (after approximately 14 days), we will charge you 50% of the purchase price to process your order.

If your tracking indicates your package has been delivered but you haven't received it, you should first contact the postal service or other carrier to inquire about the package's location. If the postal service or other carrier reports your package as lost in transit, you must request official confirmation of the package's loss and send it to us.

Right to refund

Return requests must be submitted within 14 days of receiving your order.

Please note: Underwear, masks and cosmetic products are non-returnable.

Our returns address is in China.

Article 17 – Contact

For more information about our privacy policy, if you have any questions or would like to make a complaint, please contact us by email: info@loshfashion.com .