Terms of Service

Table of contents

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

Article 1 – Definitions
The following definitions are used in these general terms:

"Withdrawal Period": the period during which the consumer can exercise their right of withdrawal from the contract.
"Consumer": a natural person who does not act within their business or professional activity and concludes a distance contract with the entrepreneur.
"Day": calendar day.
"Distance Contract": a contract concluded between the entrepreneur and the consumer within an organized distance selling system, in which only distance communication means are used until the contract is concluded.
"Distance Communication Technique": a means that allows concluding a contract without the consumer and entrepreneur being in the same place at the same time.
"Right of Withdrawal": the consumer's ability to terminate a distance contract within the withdrawal period.
"Entrepreneur": a natural or legal person who offers products and/or services remotely to consumers.
"General Terms": these general terms of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: Losh Fashion
Address: Duyfrakplein 17, 2235 ST Valkenburg, The Netherlands
Company registration number: 74222519
E-mail: info@loshfashion.com
Phone: +31684059418

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

Before concluding the distance contract, the text of these general terms will be made available to the consumer. If this is not possible, Losh Fashion will indicate how the general terms 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 may, contrary to the previous paragraph, be made available to the consumer electronically in a way that allows easy saving on a durable data carrier. If this is not possible, before concluding the distance contract, it will be indicated where the general terms can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

If, in addition to these general terms, special conditions apply to a product or service, the second and third paragraphs of this article shall apply accordingly, and in case of conflicting conditions, the consumer may always rely on the one that is more favorable to them.

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

Situations not covered by these general terms will be assessed "in the spirit" of these terms.

Any doubts regarding the interpretation or content of one or more provisions of our terms should be interpreted "in the spirit" of these terms.

Article 4 – Offer
If the 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 adjust the offer.

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

All photos and specifications in the offer are indicative and cannot be the basis for claiming compensation or withdrawal from the contract.

Photos of the offered products are a true representation of the offered products. Losh Fashion does not guarantee that the displayed colors will exactly match 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 its acceptance. In particular, this includes:

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

Article 5 – Contract
Regardless of the provisions in paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions specified for it.

If the consumer has accepted the offer electronically, Losh Fashion will immediately confirm receipt of the acceptance of the offer in electronic form. Until the acceptance confirmation, the consumer may cancel the contract.

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

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

Losh Fashion will provide the consumer, together with the product or service, the following information in writing or in a way that allows easy saving on a durable data carrier:

  • Address of the establishment Losh Fashion, where the consumer can file complaints.
  • Conditions under which and how the consumer can exercise their right of withdrawal from the contract or an explicit statement excluding the right of withdrawal.
  • Information about available after-sales services and warranties.
  • Information contained in Article 4 of these terms, provided that Losh Fashion did not provide them to the consumer before performing the contract.
  • Requirements for canceling the contract if the contract lasts longer than a year or is concluded for an indefinite period.
  • In the case of a contract for the provision of services for a specified period, the provisions of the above paragraph apply only to the first delivery.

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

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

If the consumer wants to exercise the right of withdrawal, they should notify Losh Fashion within 14 days after receiving the product. Notification must be made using the return form or another written or electronic statement. After 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 Case of Withdrawal

If the consumer exercises the right of withdrawal, they will have to cover the return costs of the product, unless Losh Fashion has explicitly indicated that these costs are covered by the entrepreneur. 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 related to this return, including differences in delivery costs if the consumer chose a more expensive delivery method than the standard one offered by 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 quickly perish or have a short shelf life.
  • Contracts for the supply of sealed products that cannot be returned for health or hygiene reasons once opened.
  • Contracts for the supply of products that have been tailored to the individual needs of the consumer or are made to order.
  • Service contracts that have been fully performed with the consumer's consent before the withdrawal period expires.

Article 9 – Price

Prices of offered products and services are provided on the website Losh Fashion and are expressed in euros (EUR). Prices include VAT but do not include shipping costs, which are added to the purchase price and clearly indicated before payment.

Losh Fashion reserves the right to change prices at any time, with changes not affecting already concluded contracts. If the product price changes after placing the order, 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 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.

In case of product non-compliance with the contract, the consumer has the right to free repair or replacement of the product. If repair or replacement is not possible, the consumer may request a price reduction or withdraw from the contract.


Article 11 – Complaint

The consumer has the right to file a complaint if the product is defective or non-compliant with the contract. Complaints must be filed within two years from the date of purchase. Complaints should be reported directly to Losh Fashion via the complaint form or customer service contact.

Upon receipt of the complaint Losh Fashion verifies it within 14 business days. If the complaint is found to be justified, Losh Fashion will offer the consumer one of the following options: repair, replacement of the product with a new one, or a refund.

Article 12 – Personal Data Protection

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

The consumer has the right to access their personal data, correct it, and request its deletion at any time. More information about the privacy policy can be found in the relevant section on 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 start of the withdrawal period referred to in Article 6, paragraph 1. In the case of a service contract, this period begins after the consumer receives confirmation of the contract conclusion.

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

If the consumer fails to meet payment obligations on time, they will be required 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 payment. After this period, Losh Fashion has the right to charge the consumer for out-of-court debt collection costs. These costs amount to a maximum of: 15% of the outstanding amount up to 2,500 EUR; 10% of the next 2,500 EUR; and 5% of the next 5,000 EUR, with a minimum amount of 40 EUR. Losh Fashion may waive these amounts and percentages in favor of the consumer.

Article 14 – Complaint Procedure

Complaints regarding contract performance should be submitted within a reasonable time, fully and clearly describing the problem, to Losh Fashion, after the consumer detects defects.

Complaints submitted to Losh Fashion complaints will be processed within 14 days from the date of receipt. If the complaint requires a longer processing time, Losh Fashion will respond within 14 days, confirming its receipt and providing the expected date of a detailed response.

If the complaint is not resolved amicably, it leads to a dispute that will be subject to dispute resolution procedures.

Submitting a complaint does not suspend obligations Losh Fashion, unless Losh Fashion has explicitly indicated otherwise in writing.

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

Article 15 – Disputes

For contracts concluded between Losh Fashion and the consumer to whom these terms apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – Products or services

Some products or services may be available only online through the website. These products or services may be available in limited quantities and may be returned or exchanged only according to our return policy.

We have made every effort to accurately display the colors and images of our products in the store. However, we cannot guarantee that the colors displayed on the computer screen will be exact.

We reserve the right, but are not obligated, to restrict the sale of our products or services to certain individuals, geographic regions, or countries. We may exercise this right in individual cases. We also reserve the right to limit the quantity of products or services offered. All product descriptions or prices may change at our discretion without notice. We reserve the right to withdraw any product at any time. The offer of a product or service on this site is invalid where prohibited.

We do not guarantee that the quality of products, services, information, or other materials you purchase or obtain will meet your expectations, nor that any errors in services will be corrected.

Although we strive to minimize size differences through quality control, size variations of 3-7 cm may occur for clothing and 1 cm for footwear.

Delivery

If you place an order and do not pick it up before it is returned to us (after about 14 days), we will charge you 50% of the purchase price for order processing.

If the shipment tracking indicates that the package was delivered but you did not receive it, you must first contact the postal service or other carrier to inquire about the package's location. If the postal service or other carrier reports the package as lost during transport, you must request official confirmation that the package was lost and send it to us.

Right of return

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

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

Our return address is located in China.

Article 17 – Contact

For additional information about our privacy policy, if you have any questions or want to file a complaint, please contact us by email: info@loshfashion.com.