Terms and Conditions

General terms and conditions Losyana

Article 1 - Definitions

  1. Losyana: Losyana, established in Amsterdam, Chamber of Commerce number 86158201.
  2. Customer: the person with whom Losyana has entered into an agreement.
  3. Parties: Losyana and Customer together.
  4. Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 - Applicability

  1. These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Losyana.
  2. Losyana and the Customer can only deviate from these conditions if this has been agreed in writing.
  3. Losyana and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.

Article 3 - Prices

  1. Losyana uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
  2. Losyana may always change the prices of its services and products on its website and in other communications.
  3. Increases in the cost prices of products or parts thereof, which Losyana could not have foreseen at the time of making the offer or concluding the agreement, may give rise to price increases.
  4. The consumer has the right to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a legal regulation.

Article 4 - Samples and models

  1. If the Customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond to the sample or model.

Article 5 - Payments and payment term

  1. Losyana may require a down payment of up to 50% of the agreed amount when entering into the agreement.
  2. The Customer must make a subsequent payment within 7 days after delivery.
  3. The payment terms used by Losyana are strict payment terms. This means that if the Customer has not paid the agreed amount no later than the last day of the payment term, he is automatically in default and in default, without Losyana having to send the Customer a reminder or give notice of default.
  4. Losyana may make delivery subject to immediate payment or require security for the total amount of the services or products.

Article 6 - Right of complaint 

  1. If the Customer is in default, Losyana may invoke the right of recovery with regard to the unpaid products delivered to the Customer.
  2. Losyana exercises its right of recovery by means of a written or electronic communication to the Customer.
  3. As soon as the Customer has been informed of the invoked right of recovery, the Customer must immediately return the products in question to Losyana, unless otherwise agreed in writing.
  4. The Customer pays the costs for retrieving or returning the products in paragraph 3.

Article 7 - Right of withdrawal 

  1. A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when:
  • the product has been used
  • it is a product that can spoil quickly, such as food or flowers
  • it is a product that has been tailor-made or adapted especially for the consumer
  • it is a product that cannot be returned for hygienic reasons, such as underwear or swimwear
  • the seal is not intact when it concerns data carriers with digital content, such as DVDs or CDs
  • the product or service concerns accommodation, a trip, a restaurant business, transport, a catering assignment or a form of leisure activity
  • the product is a separate magazine or newspaper
  • the consumer has waived his right of withdrawal
  1. The reflection period of 14 days in paragraph 1 starts:
    • on the day after the consumer has received the last product or part of 1 order
    • as soon as the consumer has confirmed that he will purchase digital content via the internet
  2. The consumer can make use of his reflection period by sending an email with that subject to contact@losyana.nl, possibly using the withdrawal form available on the Losyana website, www.losyana.nl.
  3. The consumer must return the product to Losyana within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.

Article 8 - Reimbursement of delivery costs

  1. If the consumer has revoked his purchase on time and has returned the complete order to Losyana on time, Losyana will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the fully returned order on time.
  2. The costs for delivery will only be borne by Losyana if the entire order is returned.

Article 9 - Reimbursement of return costs

  1. If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs.

Article 10 - Right of retention

  1. Losyana may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding Losyana invoices, unless the Customer has provided sufficient security for those costs.
  2. The right of retention also applies on the basis of previous agreements as a result of which the Customer still has to pay money to Losyana.
  3. Losyana is not liable for any damage suffered by the Customer due to the use of his right of retention.

Article 11 - Retention of title 

  1. Losyana remains the owner of all delivered products until the Customer has paid all outstanding invoices from Losyana relating to an underlying agreement, including claims due to failure to comply.
  2. Until that time in paragraph 1, Losyana can exercise its retention of title and take back the goods.
  3. Before ownership has been transferred to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. If Losyana makes use of its retention of title, the agreement will be canceled and Losyana may claim damages, lost profits and interest from the Customer.

Article 12 - Delivery

  1. Delivery takes place while supplies last.
  2. Delivery takes place at Losyana, unless otherwise agreed.
  3. Delivery of products ordered online takes place at the address specified by the Customer.
  4. If the Customer does not pay the agreed amounts or does not pay them on time, Losyana may suspend its obligations until the Customer pays.
  5. In the event of late payment, there is a creditor's default, as a result of which the Customer cannot object to Losyana for late delivery.

Article 13 - Delivery time 

  1. Losyana's delivery times are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
  2. The delivery time starts when the Customer has fully completed the ordering process and has received confirmation from Losyana.
  3. The Customer will not receive any compensation and may not cancel the agreement if Losyana delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if Losyana cannot deliver within 14 days, after being notified in writing or if the Customer and Losyana have agreed otherwise.

Article 14 - Actual delivery

  1. The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 15 - Transport costs 

  1. The Customer pays the costs for transport, unless the Customer and Losyana have agreed otherwise in writing.

Article 16 - Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before receiving the product. If the Customer does not do this, he cannot hold Losyana liable for any damage.
  2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Losyana prior to transport. If the Customer does not do this, he cannot hold Losyana liable for any damage.

Article 17 - Custody 

  1. If the Customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
  2. Any additional costs resulting from premature or late purchase of products will be entirely borne by the Customer.

Article 18 - Warranty

  1. The warranty on products only applies to defects caused by defective manufacturing or construction or defective materials.
  2. The warranty does not apply:
    - in case of normal wear and tear
    - for damage caused by accidents
    - for damage caused by changes made to the product
    - for damage due to negligence or improper use by the Customer
    - when the cause of the defect cannot be clearly determined
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the Customer at the time when they are legally and/or actually delivered, or at least come under the control of the Customer or of a third party. third party who receives the product on behalf of the Customer.

Article 19 - Indemnification

  1. The Customer indemnifies Losyana against all claims from others related to the products and/or services supplied by Losyana.

Article 20 - Complaints

  1. The Customer must examine a product or service provided by Losyana as quickly as possible for any shortcomings.
  2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Losyana of this within 1 month after determining the shortcoming.
  3. A consumer must inform Losyana of this within 2 months after discovering the shortcoming.
  4. The Customer provides as detailed a description as possible of the shortcoming, so that Losyana can respond appropriately.
  5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Losyana.
  6. If a complaint concerns ongoing work, the Customer cannot demand that Losyana perform other work than agreed.

Article 21 - Notice of default

  1. The Customer must notify Losyana of any notice of default in writing.
  2. The Customer is responsible for ensuring that his notice of default actually reaches Losyana on time.

Article 22 - Customer Liability

  1. When Losyana enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.

Article 23 - Liability Losyana

  1. Losyana is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.
  2. If Losyana is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.
  3. Losyana is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.
  4. If Losyana is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy. If no insurance has been taken out or no damage amount is paid out, liability is limited to (part of the) invoice amount to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution or suspension.

Article 24 - Expiry period

  1. Any right of the Customer to compensation from Losyana expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 25 - Dissolution

  1. The Customer may cancel the agreement if Losyana attributably fails to fulfill its obligations, unless this failure does not justify termination due to its special nature or minor significance.
  2. If Losyana is still able to fulfill its obligations, dissolution can only take place after Losyana is in default.
  3. Losyana may cancel the agreement with the Customer if the Customer does not fully or timely fulfill its obligations under the agreement, or when Losyana has become aware of circumstances that give it good grounds to assume that the Customer will not fulfill its obligations. fulfill.

Article 26 - Force majeure

  1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Losyana by the Customer cannot be attributed to Losyana in the event of force majeure.
  2. The force majeure situation in paragraph 1 also includes:
    - a state of emergency such as a civil war or natural disaster
    - breach of contract or force majeure of suppliers, deliverers or others
    - power, electricity, internet, computer or telecom disruptions
    - computer viruses
    - strikes
    - government measures
    - transport problems
    - bad weather conditions
    - work stoppages
  3. If a force majeure situation occurs as a result of which Losyana cannot fulfill 1 or more obligations to the Customer, those obligations will be suspended until Losyana can fulfill them.
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both the Customer and Losyana may cancel the agreement in whole or in part in writing.
  5. Losyana does not have to pay compensation to the Customer in a force majeure situation, even if Losyana benefits from this.

Article 27 - Changes to agreement

  1. If it is necessary to change a concluded agreement for its implementation, the Customer and Losyana can adjust the agreement.

Article 28 - Changes to general terms and conditions

  1. Losyana may change these general terms and conditions.
  2. Losyana may always make changes of minor importance.
  3. Losyana will discuss major changes with the Customer in advance as much as possible.
  4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article 29 - Transfer of rights

  1. The Customer cannot transfer any rights under an agreement with Losyana to others without written permission from Losyana.
  2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 30 - Consequences of nullity or voidability

  1. If 1 or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Losyana had in mind when drawing up the conditions.

Article 31 - Applicable law and competent court

  1. Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and Losyana.
  2. The judge in the district where Losyana is established has exclusive jurisdiction to hear any disputes between the Customer and Losyana, unless the law provides otherwise.


Prepared on October 11, 2023.