General Terms & Conditions

Article 1. Definitions

In these terms and conditions, the following terms shall have the meanings given to them below, unless expressly stated otherwise:

Lothmann Trading B.V.: Lothmann Trading B.V., located in Leiden, Chamber of Commerce no. 28085561.

Client: the party entering into an agreement with Lothmann Trading B.V. 

Parties: Lothmann Trading B.V. and client and/or consumer collectively.

Article 2. Applicability of General Terms

These terms apply to all quotes, offers, services, orders, agreements, and deliveries of products and/or services by or on behalf of Lothmann Trading B.V.

Parties can only deviate from these conditions if they have expressly agreed in writing.

The applicability of additional and/or differing terms and conditions of the client or third parties is expressly excluded.

Article 3. Prices

All prices used by Lothmann Trading B.V. are in euros, excluding VAT and excluding any other costs like administrative fees, levies, and travel, shipping, or transport costs, unless explicitly stated or agreed otherwise.

All prices and rates charged by Lothmann Trading B.V. uses for its products and/or services, on its website or otherwise made known, Lothmann Trading B.V. may change at any time.

Increases in the cost prices of products or parts thereof, which Lothmann Trading B.V. couldn't foresee at the time of making the offer or the establishment of the agreement, can lead to price increases.

Article 4. Samples/Models

If a client has received a product sample or model, they can't derive any rights from it other than as an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered will correspond with the sample or model.

Article 5. Payments and Payment Term

The client must pay invoices within 8 days of the invoice date to Lothmann Trading B.V., unless other arrangements have been made or a different payment term is stated on the invoice. Objections to the invoices do not suspend the payment obligation.

Payment terms are considered strict deadlines. This means that if the client doesn't pay the agreed amount by the last day of the payment term, they are automatically in default without Lothmann Trading B.V. needing to send a reminder or notice of default.

Lothmann Trading B.V. reserves the right to require immediate payment or to ask for assurance for the total amount of the services or products before delivering.

Article 6. Consequences of Late Payment

If the client doesn't pay within the agreed term, Lothmann Trading B.V. is entitled to charge an interest of 1% per month from the day the client is in default, with part of a month being considered a full month.

When the client is in default, they also owe Lothmann Trading B.V. extrajudicial collection costs and any damages.

Collection costs are calculated based on the Decree on Compensation for Extrajudicial Collection Costs.

If the client fails to pay on time, Lothmann Trading B.V. may suspend its obligations until the client meets their payment obligation.

In case of liquidation, bankruptcy, seizure, or suspension of payment of the client, the claims of Lothmann Trading B.V. on the client are immediately due.

If the client refuses to cooperate with the execution of the agreement by Lothmann Trading B.V., they are still obliged to pay the agreed price to Lothmann Trading B.V.

Article 7. Right of Recovery

Once the client is in default, Lothmann Trading B.V. is entitled to invoke its right of recovery regarding the unpaid products delivered to the client.

Lothmann Trading B.V. invokes its right of recovery through a written or electronic notification.

As soon as the client has been informed of the invoked right of recovery, they must immediately return the products to which this right relates to Lothmann Trading B.V., unless parties agree otherwise.

The costs for retrieving or returning the products are borne by the client. 

Article 8. Suspension Right

Unless the client is a consumer, the client waives the right to suspend any obligation arising from this agreement.

Article 9. Right of Retention

Lothmann Trading B.V. can invoke its right of retention and, in that case, withhold the client's products until the client has paid all outstanding invoices related to Lothmann Trading B.V., unless the client has provided sufficient security for those costs.

The right of retention also applies based on previous agreements where the client owes payments to Lothmann Trading B.V.

Lothmann Trading B.V. is never liable for any damage the client might suffer due to the use of its right of retention.

Article 10. Set-off

Unless the client is a consumer, the client waives their right to set off a debt to Lothmann Trading B.V. with a claim on Lothmann Trading B.V.

Article 11. Retention of Title

Lothmann Trading B.V. remains the owner of all delivered products until the client has fully met all their payment obligations to Lothmann Trading B.V. under any agreement with Lothmann Trading B.V., including claims for failing to meet such agreements.

Until then, Lothmann Trading B.V. can invoke its retention of title and reclaim the products.

Before the property is transferred to the client, the client cannot pledge, sell, dispose of, or otherwise encumber the products.

If Lothmann Trading B.V. invokes its retention of title, the agreement is considered dissolved, and Lothmann Trading B.V. has the right to claim damages, lost profits, and interest.

Article 12. Storage

If the client takes the ordered products later than the agreed delivery date, the risk of any quality loss is entirely on the client.

Any additional costs resulting from early or late taking of products are entirely borne by the client.

Article 13. Warranty

Warranty related to products only applies to defects caused by faulty manufacturing, design, or material.

The warranty doesn't cover normal wear and tear or damage resulting from accidents, modifications to the product, negligence, or improper use by the client, or when the cause of the defect cannot be clearly determined.

The risk of loss, damage, or theft of the products subject to an agreement between the parties transfers to the client at the moment they are legally and/or physically delivered and thus fall into the client's possession or a third party appointed by the client.

Article 14. Indemnification

The client indemnifies Lothmann Trading B.V. against all third-party claims related to the products and/or services provided by Lothmann Trading B.V.

Article 15. Complaints

The client must inspect the product or service provided by Lothmann Trading B.V. as soon as possible for any shortcomings.

If a delivered product or service doesn't meet what the client might reasonably expect from the agreement, the client must notify Lothmann Trading B.V. of the shortcomings as soon as possible, but no later than 8 days after delivery.

The client must provide a detailed description of the shortcomings so that Lothmann Trading B.V. can respond adequately.

The client needs to demonstrate that the complaint relates to an agreement between the parties.

If a complaint relates to ongoing work, it can never result in Lothmann Trading B.V. being obliged to perform other tasks than agreed upon.

Article 16. Notice of Default

The client must make notices of default known to Lothmann Trading B.V. in writing.

It's the client's responsibility to ensure that a notice of default actually reaches Lothmann Trading B.V. in time.

Article 17. Joint and Several Liability

If Lothmann Trading B.V. enters into an agreement with multiple clients, each of them is jointly and severally liable for the full amounts they owe to Lothmann Trading B.V. under that agreement.

Article 18. Liability of Lothmann Trading B.V.

Lothmann Trading B.V. is only liable for any damages suffered by the client if such damage is caused by intentional or grossly negligent acts.

If Lothmann Trading B.V. is found liable for any damage, it's only liable for direct damages resulting from or related to the performance of an agreement.

Lothmann Trading B.V. is never liable for indirect damages, including consequential damages, lost profits, missed savings, or damages to third parties.4. If Lothmann Trading B.V. is found liable, its liability is limited to the amount paid by a concluded professional liability insurance or, in the absence of (complete) payment by an insurance company, to the (portion of the) invoice amount the liability pertains to.

All images, photos, colors, drawings, descriptions on the website, or in a catalog are indicative and approximate only and can't be grounds for compensation or (partial) dissolution of the agreement or suspension of any obligation.

Article 19. Expiry Period

Any right of the client to compensation from Lothmann Trading B.V. expires after 12 months from the event causing the direct or indirect liability. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 20. Right of Dissolution

The client has the right to dissolve the agreement when Lothmann Trading B.V. defaults in fulfilling its obligations, unless this default doesn't justify the dissolution due to its special nature or minor significance.

If fulfilling the obligations by Lothmann Trading B.V. is permanently or temporarily impossible, dissolution can only take place after Lothmann Trading B.V. is in default.

Lothmann Trading B.V. has the right to dissolve the agreement with the client if the client fails to meet its obligations on time or if Lothmann Trading B.V. learns of circumstances that give it good reason to fear that the client won't be able to fulfill its obligations properly.

Article 21. Force Majeure

In addition to what's stated in Article 6:75 of the Dutch Civil Code, any shortcoming by Lothmann Trading B.V. in fulfilling its obligations towards the client can't be attributed to Lothmann Trading B.V. if it's caused by a situation independent of Lothmann Trading B.V.'s will that prevents it from fulfilling its obligations towards the client.

Situations of force majeure include (but are not limited to): states of emergency (e.g., civil war, insurrection, riots, natural disasters); defaults and force majeure of suppliers or third parties; unexpected disruptions in power, electricity, internet, computer, and telecommunication; computer viruses; strikes; government actions; unforeseen transportation problems; bad weather conditions; and work interruptions.

If a force majeure situation arises preventing Lothmann Trading B.V. from fulfilling its obligations towards the client, these obligations will be suspended until Lothmann Trading B.V. can meet them.

If a force majeure situation lasts for at least 30 calendar days, both parties can fully or partially dissolve the agreement in writing.

In a force majeure situation, Lothmann Trading B.V. owes no damages, even if it obtains a benefit from the situation.

Article 22. Modification of the Agreement

If, after the conclusion of the agreement, it's necessary to change or supplement its contents for its execution, parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

Article 23. Modification of General Terms

Lothmann Trading B.V. is entitled to change or supplement these general terms.

Minor changes can always be implemented.

Significant material changes will be discussed with the client as much as possible in advance.

Article 24. Transfer of Rights

Rights of the client arising from an agreement between parties cannot be transferred to third parties without the prior written consent of Lothmann Trading B.V.

This provision is stipulated with property law effects as referred to in Article 3:83(2) of the Dutch Civil Code.

Article 25. Consequences of Nullity or Annulment

If one or several provisions of these general terms prove null or voidable, it doesn't affect the remaining provisions.

If a provision is null or voidable, it will be replaced by a provision that comes closest to what Lothmann Trading B.V. had in mind when drafting the terms.

Article 26. Applicable Law and Jurisdiction

Dutch law exclusively governs every agreement between the parties.

The Dutch court in the district where Lothmann Trading B.V. is based has exclusive jurisdiction over any disputes between parties, unless the law mandates otherwise.