The following terms and conditions and any other related rules that are approved by Lotusier and made available as provided herein (collectively the “Conditions of Sale”) shall apply to all sales of Lotusier products that you (the “Customer” or “you”) may order from LOTUSIER Unit 1a, 97 Sloane Street, SW1X 7PE, London, United Kingdom (“Lotusier” or referred to herein as “us”, “our” or “we”) either (a) by phone via the customer services of Lotusier (the “Client Relations”), whose telephone number and e-mail address are indicated on the Website or (b) on the Internet via Lotusier’s Websites (the «Website»).
These Terms and Conditions apply exclusively to sales made through the Client Relations Centre or the Website. Lotusier may modify the Terms and Conditions from time to time, at its sole discretion.
The Terms and Conditions applicable to any order placed through the Client Relations Centre or the Website are those in force at the time that an order is placed on your behalf by a Lotusier ambassador (in the case of an order placed through the Client Relations Centre) or at the time you place your order (in the case of an order placed through the Website).
In the case of an order placed through the Website, when you check the “I Accept” or similar box at the order confirmation section of the Website before placing your order with Lotusier, you indicate your acknowledgment and your full acceptance of these Terms and Conditions of Sale. If you refuse to accept these Terms and Conditions of Sale, you will not be able to order any Lotusier products from the Website or the Client Relations Centre.
Persons wishing to use the Client Relations Centre or the Website will also be deemed, by virtue of such use, to have agreed to be bound by our Website Terms of Use and our Privacy Policy, which are incorporated to these Conditions of Sale by reference. Customers using the Client Relations Centre will be provided with access to our Privacy Policy as set forth in Acknowledgment of Order.
Only individuals who (a) have reached the age of majority (eighteen in most countries), (b) have legal capacity to enter into contracts and (c) have a shipping address in the European countries listed in Clause 12 may order products through the Client Relations Centre or on the Website (please also refer to payment and shipping sections below for further details). If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in contravention to this provision shall be null and void.
By placing an order through our Customer Services or on the Website, you represent and warrant that you are a bona fide end-user Customer and will not deliver, sell or otherwise distribute Lotusier products or purchase Lotusier products for commercial purposes or any other commercial benefit. If despite our efforts the product is no longer available or Lotusier believes, on legitimate grounds, that an order would violate these Conditions of Sale, Lotusier may refuse such an order.
All orders placed through Customer Service Team or on the Website are subject to availability and acceptance by Lotusier.
Lotusier reserves the right to change the assortment of items proposed on the Website or through the Client Relations Centre and may limit from time to time the quantity of Lotusier products that may be ordered by a Customer in a single buying session. Orders may not exceed five (5) products in any buying session on the Website or through the Client Relations Centre.
The Customer Services Representative and the product pages of the Website can provide you with information regarding products that are currently available for sale through those channels. Please note that only those creations displaying an “Add to Shopping Bag” button are available for sale through the Website. You may also call the Client Relations Centre (telephone number indicated on the Website) and a Lotusier ambassador will provide you with further information as to product availability and assist you with your purchase.
In order to place an order through the Client Relations Centre or on the Website, you or the Lotusier ambassador (on your behalf) will be required to register and create your online account. In order to register, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.
Upon completion of your account registration on the Website or by the Lotusier ambassador, you will receive an e-mail which will allow you to log in to your account on the Website and create a permanent account login and password. You may also receive a second e-mail summarising the personal information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Lotusier will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login.
We may change the information required to place a new order or the registration requirements from time to time. Any changes will be posted on the Website. Please refer to our Privacy Policy and Clause 8 of these Conditions of Sale for more details about how we may use your personal information.
Should any of the information you provide to the Client Relations Centre or on the Website change, please login to your account and update such information directly on the Website, inform the Client Relations Centre (telephone number and e-mail address indicated on the Website) or notify Lotusier as set out in our Privacy Policy. Moreover, in the event that Lotusier reasonably suspects that a third party has breached a Customer’s registration, password and/or account login, Lotusier shall immediately cancel and terminate such an account, and notify you by e-mail or telephone.
If you are willing to order on the Website, your offer to place an order will be processed as follows: Once you have chosen a product, you may place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout”. You may also remove one or several products you have selected in the Shopping Bag.
When ordering by telephone through the Client Relations Centre (telephone number indicated on the Website), a Lotusier ambassador will follow the offer and order process on your behalf.
When ordering through the Client Relations Centre or on the Website, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. You warrant that all personal information given to Lotusier is true and correct. Lotusier or its third party providers may collect additional information at this time for security and anti-fraud purposes. Please refer to our Privacy Policy for more details about how and how long we may use or keep your personal information.
All Prices shown on the product pages of the Website or quoted by the Client Relations Centre include VAT but exclude shipping costs and other taxes unless otherwise stated. The applicable currency will be updated based on the shipping destination after you provide us with the delivery address.
Lotusier reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website or quoted by the Client Relations Centre, as indicated at the time Lotusier provides you with a Confirmation of Order, will be honoured by Lotusier.
Shipping costs are not stated on the product pages but will be added to the product price after you have chosen your delivery options.
Shipping costs and VAT will be reflected on your order page, that is to say the last page before you are asked to confirm and place your order (in the case of a Website order), or will be quoted by the Client Relations Centre (in the case of a telephone order), and will also appear on your Acknowledgment of Order and invoice (if you choose to receive an invoice). Shipping costs, if any, are described in the shipping policy set forth below. Please note that VAT will vary based on the location to which products are being shipped.
The actual VAT associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order (as defined in Clause 10). Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.
You should carefully check all details before placing your order through the Client Relations Centre or on the Website, including without limitation the particulars of each sale, which will be provided by the Lotusier ambassador (in the case of an order being placed through the Client Relations Centre) or the Website (in the case of an order being placed through the Website).
When you have completely reviewed your order, first check the box next to “I have read and accept the conditions of sale” and then, click on the "Order with obligation to pay" or similar button on the Website to place your order.
By placing an order, you are submitting an offer to Lotusier to buy the products you have placed in your “Shopping Bag”. Notwithstanding anything to the contrary provided for herein, Lotusier reserves the right to refuse, cancel and terminate orders at any moment in time on legitimate grounds. For example, Lotusier may refuse, terminate or cancel your order if there is an on-going dispute concerning payment of a prior order or if Lotusier suspects that you have violated these Conditions of Sale.
8.1. Payment by credit or debit card
You may pay by credit or debit card, as indicated on the Website or through the Client Relations Centre.
When ordering on the Website, you will need to enter your payment details on the appropriate form. If you order by telephone, you will need to communicate to the Client Relations Centre your credit or debit card number and your three- or four- digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID). Your telephone conversation may be recorded for security and quality control purposes, except that any mention of your credit card information will not be recorded by our Client Relations Centre, or will be fully encrypted and only used to process card transactions. Please refer to our Privacy Policy for more details about how and how long we may use or keep your personal information and the conversation recordings.
All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Lotusier, you will need to contact your card issuer directly to solve this problem, and Lotusier will not be liable for any delay or non-delivery.
In order to process your order, we may perform a pre-authorisation of your card. The amount of your purchase will be blocked on your card until your order is shipped to the shipping address you have provided to Lotusier, at which time you will be sent a Confirmation of Order and your card will be charged the applicable purchase price. By submitting an offer to purchase Lotusier products on the Website or through the Client Relations Centre, you expressly authorise Lotusier to perform such pre-authorisation and, where Lotusier deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your card number, to authenticate your identity, to validate your card, to obtain an initial card authorisation and to authorise individual purchase transactions. Please refer to our Privacy Policy for more details about how and how long we may use or keep your personal information.
8.2. Payment by bank wire transfer
You may pay by bank wire transfer orders placed through the Client Relations Centre or on the Website above 2000 Euros. Please do not forget to mention the order reference number in your bank wire transfer form.
After you place an order and select bank wire transfer as your method of payment, Lotusier will wait until your payment is received before processing your order. If the funds are not credited into our bank account within seven (7) working days after you have placed your order, this order will be cancelled.
Lotusier will not charge a fee for paying by bank wire transfer, but please ensure that we receive the full amount mentioned in the Acknowledgment of Order before we process your order. Please note that some financial institutions may charge you a fee for using a bank wire transfer.
All bank wire transfer orders are not confirmed until a Confirmation of Order email is provided to the customer.
8.3. Security
Lotusier takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorised access, disclosure, alteration, and destruction. Lotusier uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected.
Although we will do our best to protect your personal Information throughout the online selling process, we cannot guarantee the security and integrity of the data you transmit to the Website and be held liable for any harm or loss resulting from the use of the internet network, such as in the case of hacking. For more information about how we use and protect your information please view our Privacy Policy.
In order to secure your transaction and prevent fraud, Lotusier will perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorised Lotusier to perform such checks and, where Lotusier deems necessary, from time to time to transmit or obtain information that you have provided to Lotusier about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise a particular purchase transaction.
Once you have placed your order on the Website or through the Client Relations Centre, you will receive by e-mail an Acknowledgment of Order acknowledging the details of your order along with these Conditions of Sale. This Acknowledgment of Order will contain an Order Reference Number assigned by Lotusier. Please carefully review the Conditions of Sale upon receipt and make sure that you save the Order Reference Number for any future enquiries regarding your order.
This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, Lotusier will conduct its usual security checks and then process your order.
Upon shipment of the product you have ordered, following completion by Lotusier of security checks, Lotusier will send you by e-mail a written Confirmation of Order.
The Confirmation of Order constitutes the acceptance of your order by Lotusier and indicates the existence of a binding sales contract.
Lotusier will preserve information concerning all orders as required by applicable law. These records may be made available to the Customer either by registering on the “My Lotusier” section of the Website or by contacting the Client Relations Centre.
The following complimentary services will be proposed, free of charge, on the Website or by the Client Relations Centre:
11.1. Lotusier signature packaging
All our packages are beautifully presented with the Lotusier signature packaging. The Lotusier Box and special packaging are valuable. If you or the Gift Recipient decides to return/exchange the product, the product should be returned in its original packaging.
11.2. Personalised products
It is possible to personalise Lotusier products by engraving them. For more information, please check on the Website or contact the Client Relations Centre.
Personalised Lotusier products cannot be returned to Lotusier for exchange or refund. However, this does not affect the rights you may have as a consumer in relation to products that are defective, as described below.
11.3. Gift note
We offer the opportunity to include a personalised gift note within the order package.
Please note that Lotusier reserves the right to withhold acceptance of any order for engraved products or accompanied by a gift note that contains language that is objectionable or unlawful.
We only accept orders for delivery to addresses located in Europe (United Kingdom, France, Belgium, the Netherlands, Luxembourg, Ireland, Spain, Portugal, Italy, Germany, Austria, Denmark, Sweden, Finland, Czech Republic, Bulgaria, Greece, Poland, Hungary, Malta, Lithuania, Slovakia, Romania, Croatia, Cyprus, Latvia, Lichtenstein, Estonia, Slovenia), and USA. Please note that Lotusier does not ship to certain addresses, such as PO boxes or hotels. Further information may be found on the Website or by contacting the Client Relations Centre.
The delivery costs and the estimated delivery lead time will be mentioned on the Website or by the Client Relations Centre before you place your order and summarised in the Acknowledgment of Order. Please refer to the Website or call our Client Relations Centre for more information.
When estimating package delivery time, please allow time for credit approval, address verification and order processing, as well as receiving your payment in case of bank wire transfer. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by e-mail.
We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our Confirmation of Order.
Each delivery package will contain, in addition to your purchased Lotusier product: (i) all related accessories, if any; (ii) a thank you card; (iii) the document holder including the Product Manual, and the Certificate of Authenticity and the International Guarantee, as applicable; (iv) a printed gift note containing your message, if so requested by you when you place your order; (v) the return form and a pre-paid return label and (vi) the packing slip without price.
Lotusier insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm the delivery of each Lotusier product, at which point responsibility for your purchased goods passes to you.
When ordering products on the Website or through the Client Relations Centre, you, as the Customer, will have the option to choose whether you wish to receive an invoice to your billing address. If you decide at this moment that you do not want to receive an invoice, you may at any time later request an invoice by calling the Client Relations Centre (telephone number indicated on the Website), subject to providing proper identification to the Client Relations Centre.
Please note that Lotusier will not send the invoice and payment details to the Gift Recipient.
If you are a Customer based in the EU, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you can contact our Client Relations Centre (telephone number and email address indicated on our Website) to obtain a Return Number (RN), which we will confirm in writing. Alternatively, you must inform us (Lotusier, Client Relations Centre, 16 Grosvenor Crescent, SW1X 7EP, London, United Kingdom) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by Lotusier), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. Please provide a copy of a SWIFT message of the initial transfer in case of payment made by bank wire transfer so that we can refund you on the same bank account.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
The Customer will be liable for any decrease in the value of the product if the deterioration is caused by a use beyond the ordinary quality inspection and functional testing of the product. «Quality inspection and functional testing» is understood to mean the testing of the product as one would usually do in a retail outlet. Consequently, if the product is damaged, Lotusier will deduct the cost of refurbishment or replacement from the refund.
In order to ensure your entire satisfaction Lotusier also offers the Gift Recipient the same return period, provided that they strictly comply with these Conditions of Sale.
If the product returned by a Gift Recipient does not meet our Quality Control standards or if the Gift Recipient is otherwise in violation of these Conditions of Sale, Lotusier will refuse the return and send back the product to the Gift Recipient.
Should a product be returned to the Lotusier e-boutique, only a Customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund, but she or he may benefit from an exchange as indicated below.
16.1. Return process
Products that have been purchased on the Website or through the Client Relations Centre may be returned to the following address: Lotusier, 16 Grosvenor Crescent, SW1X 7EP, London, United Kingdom.
To make the return process easier for you, please follow the steps mentioned below.
First, please contact the Client Relations Centre (telephone number and email address indicated on our Website) to inform us of your decision to withdraw and obtain a Return Number (RN) (the communication costs will not be surcharged by us).
Thereafter please:
i) Fill out the required information, with the Return Number (RN) if applicable, on the return form provided in the original box or packaging and sign it,
ii) Include the completed return form with the product, all its accessories, the Product Manual, the Certificate of Authenticity and the International Guarantee, as applicable, and all other documents, in its original box and delivery package,
iii) Seal the delivery package and affix the pre-paid delivery label to it,
iv) Call back the Client Relations Centre to arrange pick-up with our partner TNT.
v) The package is picked up by TNT and returned to our warehouse.
Alternatively, you may call the Client Relations Centre to take care of these formalities. Thereafter:
i) The Client Relations Centre will fill the TNT online return request form on your behalf,
ii) The Client Relations Centre will send you without delay the completed return form to your email address,
iii) You will have to print the return form and give it to TNT at the time of pick-up. If you have no printer, the TNT hub will print the return form and bring it to you at the time of pick-up,
iv) You will include the completed TNT return form with the product, all its accessories, the Product Manual, the Certificate of Authenticity and the International Guarantee, as applicable, and all other documents, in its original box and delivery package,
v) TNT will pick-up the package and return it to our warehouse.
The Customer or Gift Recipient, as the case may be, must keep a proof of return shipment, and Lotusier accepts no liability in the event that such proof cannot be produced. Only merchandise received by Lotusier will be eligible for a refund or exchange, as applicable.
Upon receiving a return, Lotusier will verify that the returned product complies with these Terms and Conditions.
16.2. Conditions for returning a product
Lotusier products must be returned in a new and unused state.
Personalised and Bespoke Lotusier products cannot be returned to Lotusier for exchange or refund.
Please also return the original Lotusier box and delivery package, with all protective materials in place and tags and stickers attached to the products. Failure to do so will respectively entitle Lotusier to withhold the corresponding value from the refund made to the Customer, or to refuse the products returned by the Gift Recipient.
All returns will be subject to strict Quality Control (QC) by Lotusier to ensure that the returned products satisfy these requirements.
If the returned product satisfies Quality Control (QC), Lotusier will proceed with the refund or exchange, as applicable.
16.3. Customers’ and Gift Recipients’ exchanges
Customers and Gift Recipients may exchange a product purchased on the Website or through the Client Relations Centre for another Lotusier product if the product to be exchanged complies with these Conditions of Sale.
Should a product be returned for a Gift Recipient, only the Customer will be entitled to receive a refund of the price difference when the product to be returned is more expensive than the desired Lotusier product. If the returned product is less expensive than the desired product, the Customer or Gift Recipient, as applicable, will be charged the difference in price.
In both cases, Lotusier will send an e-mail to the Customer which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by Customer or the amount that the Customer is entitled to receive.
In your capacity as consumer, you may have legal rights under applicable national legislation governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale.
For any repair inquiries, please contact our Client Relations Centre (telephone number and e-mail address indicated on the Website).
While Lotusier endeavours to verify the accuracy of any information it places on the website, in advertisements or catalogues or by the Client Relations Centre, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. Lotusier does not confirm the price of a Lotusier product until a Confirmation of Order has been issued by Lotusier, indicating the existence of a binding sales contract. If a Lotusier product’s correct price is higher than the price posted on our website, then Lotusier will either contact the Customer for instructions before shipping the order or, if Lotusier cannot obtain your instructions, reject the order and notify you of such rejection.
While every effort will be made to ensure that the descriptions, photographs or graphical representations of the Lotusier products displayed on the website or in a catalogue are as accurate as possible, Lotusier does not warrant that such materials or other content are error-free, whether as a result of inaccuracy, omission, obsolescence or otherwise. Accordingly, the Customer’s sole remedy in the event of any such error is to return the product as set forth in our return policy.
These Conditions of Sale shall be governed by and construed in accordance with the laws of United Kingdom, without reference to conflict of law provisions, and with the exclusion of the Convention on the International Sale of Goods.