Terms and Conditions

Terms and Conditions

Article 1 – Definitions

In these Terms and Conditions, the following terms have the meanings set out below:

Withdrawal period: the period during which the consumer can exercise their right of withdrawal.

Consumer: an individual who is not acting in the course of a business or profession and who enters into a distance contract with the seller.

Day: calendar day.

Continuing performance contract: a distance contract for a series of products and/or services, where delivery and/or purchase obligations are spread over time.

Durable medium: any means that allows the consumer or the seller to store information addressed to them personally in a way that makes it accessible for future reference and allows the stored information to be reproduced unchanged.

Right of withdrawal: the consumer's option to cancel the distance contract within the withdrawal period.

Seller: the individual or legal entity that offers products and/or services to consumers at a distance.

Distance contract: a contract concluded within a system organized by the seller for the distance sale of goods and/or services, in which one or more means of distance communication are used exclusively up to and including the conclusion of the contract.

Terms and Conditions: these Terms and Conditions of the seller.

Article 2 – Seller Information

Legal entity: TMC
Trading as: Lonoma
Chamber of Commerce (KvK) number: 92134866
VAT number: NL004938015B40
Phone: +1 516 440 8424
Email: info@lonoma.com

Customer Service Hours

Monday – Friday: 9:00 AM – 6:00 PM (CET)
Saturday – Sunday: 9:00 AM – 4:00 PM (CET)

We aim to respond to every inquiry within 24 hours.

Article 3 – Applicability

These Terms and Conditions apply to every offer made by the seller and to every distance contract and order concluded between the seller and the consumer.

Before the distance contract is concluded, the text of these Terms and Conditions is made available to the consumer. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, that the Terms and Conditions can be viewed at the seller's premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these Terms and Conditions is made available to the consumer electronically before the contract is concluded, in a way that allows the consumer to easily store it on a durable medium. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, where the Terms and Conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, upon request.

If specific product or service terms apply in addition to these Terms and Conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always rely on the provision that is most favorable to them.

If one or more provisions of these Terms and Conditions are at any time wholly or partially void or annulled, the remainder of the contract and these Terms and Conditions will remain in effect, and the provision in question will be promptly replaced by mutual agreement with a provision that comes as close as possible to the original.

Situations not covered by these Terms and Conditions will be assessed in the spirit of these Terms and Conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of our Terms and Conditions will be interpreted in the spirit of these Terms and Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to specific conditions, this will be stated explicitly in the offer. Offers are subject to change. The seller reserves the right to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to properly assess the offer. When the seller uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the seller.

All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the contract.

Product images are a true representation of the products offered. The company cannot guarantee that the colors displayed exactly match the actual colors of the products.

Each offer contains the information the consumer needs to understand the rights and obligations attached to accepting the offer. This includes in particular:

The price, excluding import VAT, customs duties and clearance fees. All goods are shipped DDU (Delivered Duty Unpaid). The customer acts as the importer and is fully responsible for all import charges. The carrier will collect these charges from the recipient upon delivery. The seller does not act as the importer and is not responsible for delays or costs resulting from customs procedures.
Shipping costs, if any.
How the contract is concluded and which steps are required to do so.
Whether or not the right of withdrawal applies.
The terms of payment, delivery and performance of the contract.
The period for accepting the offer, or the period during which the seller guarantees the price.
The rate for distance communication, if the cost of using the means of distance communication is calculated on a basis other than the standard rate for that means of communication.
Whether the contract will be archived after it is concluded and, if so, how the consumer can access it.
How the consumer can review and, if desired, correct the information provided under the contract before it is concluded.
Any languages other than English in which the contract can be concluded.
The codes of conduct the seller is subject to and how the consumer can view these codes of conduct electronically.
The minimum term of the distance contract in the case of a continuing performance contract.
Where applicable: the available sizes, colors and materials.

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out in it.

If the consumer has accepted the offer electronically, the seller will promptly confirm receipt of the acceptance electronically. Until the seller has confirmed receipt of this acceptance, the consumer may terminate the contract.

If the contract is concluded electronically, the seller will take appropriate technical and organizational measures to secure the electronic transfer of data and to provide a secure web environment. If the consumer can pay electronically, the seller will take appropriate security measures.

Within the limits of the law, the seller may check whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this check, the seller has good reason not to enter into the contract, the seller is entitled to refuse an order or request, or to attach special conditions to its performance.

Together with the product or service, the seller will provide the consumer with the following information in writing, or in a way that allows the consumer to store it accessibly on a durable medium:

The address of the seller's business location where the consumer can submit complaints.
The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal does not apply.
Information about warranties and existing after-sales service.
The information referred to in Article 4, paragraph 3 of these Terms and Conditions, unless the seller has already provided this information to the consumer before performance of the contract.
The conditions for terminating the contract if it has a term of more than one year or an indefinite term.

In the case of a fixed-term contract, the provision in the previous paragraph applies only to the first delivery.

Every contract is concluded on the condition that sufficient stock of the products concerned is available.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the contract within 30 days without giving any reason. This withdrawal period begins on the day after the consumer, or a representative designated in advance by the consumer and made known to the seller, receives the product.

During the withdrawal period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to decide whether they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product to the seller with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the seller.

If the consumer wishes to exercise their right of withdrawal, they must notify the seller within 30 days of receiving the product. The consumer must do so in writing or by email. After notifying the seller of their intention to withdraw, the consumer has 30 days to return the product. The consumer must be able to prove that the product was returned on time, for example by means of proof of shipment.

If the consumer has not notified the seller of their intention to exercise the right of withdrawal within the periods referred to in paragraphs 2 and 3, or has not returned the product to the seller, the sale is final.

Article 7 – Costs of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the goods is the consumer's responsibility.

If the consumer has made a payment, the seller will refund this amount as soon as possible and no later than 30 days after the withdrawal, provided the goods have already been received by the seller or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The seller may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. This exclusion is only valid if the seller has clearly stated it in the offer, or at least before the contract is concluded.

The right of withdrawal can only be excluded for products:

That have been made by the seller according to the consumer's specifications.
That are clearly personal in nature.
That, by their nature, cannot be returned.
That can spoil or expire quickly.
Whose price is subject to fluctuations in the financial market over which the seller has no control.
Consisting of individual newspapers and magazines.
Consisting of audio and video recordings and computer software whose seal has been broken by the consumer.
Hygiene products whose seal has been broken by the consumer.

The right of withdrawal can only be excluded for services:

Relating to accommodation, transportation, dining or leisure activities to be provided on a specific date or during a specific period.
Whose performance began, with the consumer's express consent, before the end of the withdrawal period.
Relating to betting and lotteries.

Article 9 – Price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the seller may offer products or services at variable prices if those prices are subject to fluctuations in the financial market over which the seller has no control. This link to fluctuations, and the fact that any stated prices are indicative, will be mentioned in the offer.

Price increases within 3 months after the contract is concluded are only permitted if they result from statutory provisions or regulations.

Price increases more than 3 months after the contract is concluded are only permitted if the seller has agreed to them and:

They result from statutory provisions or regulations, or
The consumer has the right to terminate the contract as of the day the price increase takes effect.

Under Article 5(1) of the Dutch Turnover Tax Act 1968, the place of delivery is the country where transport begins. In this case, delivery takes place outside the European Union. As a result, the postal service or courier will charge the customer any import VAT and/or customs clearance fees. For this reason, the seller does not charge VAT.

All prices are subject to typographical errors. No liability is accepted for the consequences of typographical errors. In the event of a typographical error, the seller is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The seller guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations in effect on the date the contract is concluded. If agreed, the seller also guarantees that the product is suitable for use other than its normal use.

A warranty provided by the seller, manufacturer or importer does not affect the rights and claims the consumer may have against the seller under the contract.

Any defect or incorrectly delivered product must be reported to the seller in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.

The seller's warranty period is the same as the manufacturer's warranty period. However, the seller is never responsible for the ultimate suitability of the products for each individual use 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 modified the delivered products themselves, or had them repaired and/or modified by a third party.
The delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the seller's instructions and/or the instructions on the packaging.
The defect is wholly or partly the result of regulations that the government has issued or will issue regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The seller takes the greatest possible care when receiving and processing product orders.

The place of delivery is the address the consumer has provided to the seller.

Subject to Article 4 of these Terms and Conditions, the seller will process accepted orders promptly and 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 fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost and the right to any compensation.

In the event of termination under the previous paragraph, the seller will refund the amount paid by the consumer as soon as possible and no later than 30 days after termination.

If it turns out to be impossible to deliver an ordered product, the seller will make every effort to provide a replacement item. No later than at the time of delivery, it must be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of returning replacement items is borne by the seller.

The risk of damage to and/or loss of products remains with the seller until the moment of delivery to the consumer or to a representative designated in advance and made known to the seller, unless expressly agreed otherwise.

Article 12 – Term, Termination and Renewal

The consumer may terminate a contract entered into for an indefinite period for the regular delivery of products (including electricity) or services at any time, in accordance with the agreed termination rules and with a notice period of no more than one month.

The consumer may terminate a contract entered into for a fixed period for the regular delivery of products (including electricity) or services at any time before the end of the agreed term, in accordance with the agreed termination rules and with a notice period of no more than one month.

The consumer may terminate the contracts referred to in the previous paragraphs at any time, and not only at a specific time or during a specific period, at least in the same way as they were entered into, and always with the same notice period that the seller has set for itself.

A fixed-term contract for the regular delivery of goods (including electricity) or services may not be automatically renewed or extended for a fixed period.

Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily newspapers, weekly newspapers and magazines may be automatically renewed for a fixed period of no more than three months, provided the consumer can terminate the renewed contract at the end of the renewal period with a notice period of no more than one month.

A fixed-term contract for the regular delivery of goods or services may only be automatically renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, or no more than three months in the case of a contract for the regular delivery, but less than once a month, of daily newspapers, weekly newspapers or magazines.

A temporary contract for the regular delivery of daily newspapers, weekly newspapers and magazines (trial or introductory subscription) is not automatically renewed and ends automatically at the end of the trial or introductory period.

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

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days of the start 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 when the consumer receives confirmation of the contract.

The consumer must promptly notify the seller of any inaccuracies in the payment details provided or stated.

If the consumer fails to pay, the seller has the right, subject to statutory limitations, to charge the consumer all reasonable costs made known to the consumer in advance.

Article 14 – Complaints

Complaints about the performance of the contract must be submitted to the seller fully and clearly within 7 days after the consumer discovers the defects.

Complaints submitted to the seller will be answered within 30 days of receipt. If a complaint is expected to take longer to resolve, the seller will respond within 30 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the seller's obligations, unless the seller states otherwise in writing.

If the seller considers a complaint to be justified, the seller will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the seller and the consumer to which these Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.

Company Information

Legal entity: TMC
Trading as: Lonoma
Chamber of Commerce (KvK) number: 92134866
VAT number: NL004938015B40
Phone: +1 516 440 8424
Email: info@lonoma.com

Customer Service Hours

Monday – Friday: 9:00 AM – 6:00 PM (CET)
Saturday – Sunday: 9:00 AM – 4:00 PM (CET)

We aim to respond to every inquiry within 24 hours.