General terms and conditions SS23 from V.O.F. LEONARD SMITH’S MODE ACCESSOIRES also trading under the name Hot Lava and KARMA by Hot Lava

1. Applicability

1.1 These general terms and conditions are applicable on concluded written (purchase) agreements between buyer and the V.O.F. aforementioned (hereinafter called seller).
1.2 Deviating from these general terms and conditions can only be done in writing.
1.3 When the delivery of products is mentioned in these general terms and conditions, this will also refer to the performance of services and (advisory) work activities of whatever nature.

2. Offer and conclusion of (purchase) agreements

2.1 The (purchase) agreement is concluded by filling in and undersigning of the specified order form by buyer or by submitting and undersigning of the order confirmation by buyer. By undersigning or confirming, the buyer declares to agree and to be aware of these general terms and conditions.

3. Prices

3.1 All prices are mentioned in euros and are exclusive vat.
3.2 Transport and/or delivery costs for orders and repeat orders are for the account of the buyer.
3.3 The way of packing of all products and the choice of the presentation material will be determined by the buyer. The displays for accessories made available by the seller to the buyer, should be returned by the buyer after possible termination
of the relation. If the buyer does not return the display(s) the seller will as yet charge the costs of the display(s) to the buyer. The costs vary between € 50 and € 70, depending on the display(s).

4. Delivery and retention of title

4.1 Delivery takes place in consultation between seller and buyer. In case of late delivery or stagnation the seller will inform buyer on time. 4.2 As soon as the products to be delivered have been delivered to the buyer at the delivery address the risk of loss or destruction of products is for the buyer.
4.3 If buyer requests for the delivery of products in another way than the normal procedure, the (additional) costs for this will be charged to the buyer.

4.4 In case a product does not comply and is returned in consultation and with the written approval of the seller, the seller will ensure for a timely and correct handling of the complaint. In case of a return shipment the buyer has to ensure for an appropriate packaging.
4.5 All products remain the property of the seller, also after delivery to the buyer, till the invoice including possible transport and/or delivery costs has been fully paid by the buyer.

4.6 Buyer is not allowed to resell HOT LAVA products, trade name, models, designs, visuals to commercial ‘third parties’(e.g. bol.com/ Amazon.com and others) in the Netherlands and outside without the prior written approval of seller. If such occurrence is established, the seller will immediately terminate the relationship and the buyer will be made liable via legal proceedings for all direct and indirect damages as a result of his/her unlawful handling.

5. Liability

5.1 Subject to obligations arising from warranty, the seller is never obliged to pay any damage compensation to buyer or others, unless there is talk of intent or gross negligence on the part of the seller.
5.2 Seller is not liable for damage if the damage to the products is a result of handling in breach with the handling instruction of the seller.

6. Force Majeure

6.1 If the seller cannot comply with its obligations due to force majeure, these obligations will be suspended for the duration of the force majeure. Examples of force majeure for the seller are production as well as import / export restrictions in the seller’s production country Indonesia, as a result of COVID-19 measures taken by governments.
6.2 If the force majeure lasts 30 days or more, the seller had the right to completely or partially terminate the agreement by means of a written statement, where the buyer has not got any right on any (damage) compensation except for the refund of the total or part paid purchase amount. Force majeure also includes, exclusion and transport stagnation, problems with the production of supplies and/or measures of government institutions, nationally and internationally.

7. Invoicing and payment methods

7.1 Delivery of orders for buyers outside the Netherlands will always takes place through 100% payment prior to the delivery. 7.2 In case of none payment, the buyer owes, with the engagement of a bailiff or collection agency, extra judicial collection charges of 15% of the purchase amount increased with 21% vat. From the moment that the buyer is in default trade interest will be charged. Plus, the buyer owes legal proceedings costs if the outstanding amount has to be claimed in court.

8. Pre-orders

8.1 A down payment of 15% is required when placing a pre-order. The remaining amount must be paid prior to delivery.
8.2 Down payments for orders during a trade show must be paid immediately by (credit)card payment or bank transfer. Pre-orders will go into production after receiving 15% of the order total.
8.3 Cancellation conditions apply, see 11.

9. B2B

9.1 Delivery of orders via our B2B always takes place through 100% payment prior to delivery. This can be done directly by iDeal / Paypal (this may incur additional costs) or by bank transfer.
9.2 Transport and / or shipping costs for orders and repeat orders are for the account of the buyer.

10. Complaints scheme

10.1 All legal relations between seller and buyer are subject to Dutch law.
10.2 If a buyer has a complaint about a product, the buyer is obliged to notify this to the seller within 14 days after receipt via our online returns portal (http://hotlava.nl/RMA). The seller will deal with this complaint no later than 30 days after receipt and will enter into contact and consultation with the buyer about this. If necessary, the product will be repaired or replaced. If all this is not possible, the purchase price and any transport and / or shipping costs paid by the buyer will be refunded.
10.3 All Disputes arising in connection with these ‘Terms and Conditions’ construed in accordance with the laws of The Netherlands, shall be brought for the competent courts of The Hague
10.4 Without prior approval of Hot Lava, the customer is not allowed to offer products of Hot Lava for sale in presales special offer(s). 10.5 Because almost all our designs are handmade including the materials used, we cannot give a 100% guarantee the final color result of our products compared to our visualisations/photos used in our lookbooks. We therefore disclaim all possible claims in connection with returns of our designs/products.

11. Cancellation of orders

11.1 With cancellation of the order in the period 1 June to 1 September of the relevant year, 10% of the invoice amount with a minimum of € 250 will be charged to the buyer for administration costs.
11.2 With cancellation of the order in the period 1 September to 1 January of the relevant year, 50% of the order amount will be charged to the buyer for cancellation costs.

11.3 With cancellation of the order from 1 January of the relevant year, 100% of the order amount will be charged to the buyer for cancellation costs.

12. Start date Sales

12.1 Our collections should not be deviated from the recommended retail price before 1 August of the current year. Only in consultation with Hot Lava / KARMA and after obtaining approval the mentioned sales date can be deviated from.
12.2 Recommended price is: purchase price x 2.5 margin.

13. Corporate Social Responsibility (CSR)

13.1 All Hot Lava products are made by hand. Seller will ensure, in the context of corporate social responsibility and fair trade that its suppliers of products use environmental-friendly production methods and non-protected natural materials as much as possible.

14. For review

14.1 These general terms and conditions have been deposited at the Chamber of Commerce of The Hague for review, where the seller is registered under number 27152121.