- TRADE ONLY -

Terms and Conditions

Last update: January 2022

LOTIW

Our Terms and Conditions are designed to make you aware of your, and our, responsibilities along with the benefits and restrictions of our products and services. LOTIW, www.lotiw.com, is an online portal offering Homeware, Furniture and Giftware exclusively to trade only. We do not deal with the public. By placing an order with us you will be deemed to have read, understood and accepted these terms and conditions. By signing up for a trade account, you agree to our terms and conditions.

Acceptance of your order is entirely at the discretion of LOTIW and may depend on a variety of reasons including legitimacy of business, credit check, trading track record and the interpretation or of any natural occurrences/manifestations in wood or defects etc.

LOTIW is a strictly trade only supplier (Seller) and requires evidence of business trading before supplying to any potential Buyer. If requested by LOTIW, you must provide us with documentary proof (i.e. VAT Certificate, Business invoices, etc.), as well as a fully completed online trade application form, which can be found on our website. LOTIW reserves the right to reject any orders they feel are not ‘bona fide’ trade and reserves the right to cancel trade accounts without notice.

The terms and conditions mentioned in this document are a valid and legally binding terms of business between LOTIW(Seller) and the valid Trade Account Holder (Buyer) and are not intended to nor cover the end user (final customer / end user / public).

LOTIW hereby reserves the right to change prices, dimensions and specifications without notice.

LOTIW reserves the right to change these terms and conditions from time to time without serving formal notice on you and the changes will take place on the day they are posted. Any such changes will be posted on our website within a reasonable period of time.

 

Delivery Terms

With our extensive network and partners we can deliver your products to almost anywhere in the world.

All our product comes from within the European Customs Zone and our delivery times are fairly shorter when compared to the rest of the industry.

You can find out about an estimated delivery time of a product in product data sheet or on product pages.  Please note that the delivery times given are estimated times only and subject to change with supply chain issues. 

Placing An Order

Some items come with a min. order quantity and some don`t. Once you added the min amount to your shopping cart you are ready for the next step.  Add your shipping and invoice details and your shipping will be calculated on the next step.

We work with a weight-based formula. 

For example: If you order only one item which will be sent to you with a courier /international service the shipping charge will be expensive.

In order to benefit from our unbeatable prices you can add more items and try to fill a pallet, your shipping charge will drop dramatically.

You also get price discounts for more items you add to your cart.

For full containers you get up to 50% of the wholesale prices. ( Please contact us for your full container orders to benefit from our exclusive discount)

Payment

Once you place your order you will receive an order confirmation email and an invoice for your order. We will also call you where necessary to confirm your order and details.

As soon as you place your order our overseas team will be notified and will start preparing your order.

You have 3 days to pay for your invoice in order to add your items to our next shipment. Unpaid orders will be cancelled in 3 days.

 

 

Assignments

You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. It is therefore not intended that the Contracts (Rights of Third Parties) Act 1999 shall apply conferring the benefit of contractual rights upon third parties unless agreed in writing. We reserve the right to transfer all or any of our rights and obligations under these Terms to another organization, but this will not affect your rights under these Terms.

 

Account Suspension

We do not take account suspension lightly, as we understand that customers may be reliant on our services for their business. However, we may suspend your account in the following cases after a thorough review. Once your account is suspended, you have to remove all our product images and information from your website and any ecommerce platforms and you cannot use the LOTIW name and its associated brand for any purpose. We will notify you about suspension on your trade account dashboard or your registered email address, and this decision cannot be challenged. We will, however, continue to process any orders you have already placed or offer you a full refund on all unprocessed orders. LOTIW will not be held responsible for any consequential losses due to suspension.

  • If you refuse to abide to our terms and conditions after agreeing to them, we reserve the right to suspend your account.
  • There’s no tolerance in our organisation for intimidation, disrespect, abuse, aggression and violence towards LOTIW  employees. Complaints by staff are taken very seriously and we reserve the unequivocal right to undertake account suspension without notice as well as legal and police remedies. 
  • Refusal to pay any outstanding payments you may have incurred when working with us may result in an account suspension. These payments may be due to a variety of factors such as not limited to, short payment, duplicate shipments, payment error, excessive shipment etc. 
  • Knowingly putting in false information to work with us may result in an account suspension. Here it is imperative note that we’re an exclusively business to business enterprise and do not work directly with private individuals. 

We reserve the right to suspend your account or refuse to work with you if we believe that to do so would be in the interests of the company. For example, if your website name, theme or concept are similar to LOTIW

 

Basis of Sale

We consider that these Terms, the Order and our price list set out the whole agreement between LOTIW (Seller) and the Trade Account Holder (Buyer). (The end user or private consumer will fall outside the ambit of this agreement). Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately within one working day. Any changes to the specification of the Goods or other variation to the Terms or Order that you agree with our authorised employees and agents will only be binding if recorded in writing. We only accept responsibility for statements and representations by our authorised employees and agents that are made in writing. It is important that you ensure that you read and understand these Terms before you submit the Order, as you will be bound by them once a contract comes into existence between us in accordance with terms of this document.

Any samples, drawings, dimensions or advertising we issue and any illustrations contained in our catalogues, emails, website or brochures, are produced solely to provide you with an approximate idea of the Goods they describe.

If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.

As this is a business to business (B2B) transaction, it is not intended that legislation namely the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982 shall apply. They are specifically excluded from application. As stated, the Order shall prevail and the legislation cited shall not be applicable to the contract. The implied terms under statue are accordingly negatived or varied by you agreeing to this agreement and by continuing to trade and the course of dealings as a B2B transaction.

The Order is an offer by you to enter into a binding contract, which we are free to accept or decline in our absolute discretion.

These Terms shall become binding upon you and us when:

  1. We issue you with confirmation by email or a phone call stating our acceptance of your Order, or
  2. We notify you that the Goods are ready to be delivered.

Whichever is the earliest, at which point a contract shall come into existence between us.

Any quotation for the Goods is given on the basis that a binding contract shall only come into existence in accordance with above clause. We reserve the right to alter the prices at any point of time.

Any incorrect price on our web site shall be subject to correction which right is hereby reserved.

We shall assign an order number to the Order and inform you of it. The order number must be quoted in all subsequent communications with us relating to the Order. Once the order is confirmed, paid and allocated this cannot be altered and any subsequent charges on account of processing or delivery cost will be chargeable and be borne by the customer. If you amend or cancel an Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation, except that where the amendment or cancellation results from our failure to comply with these Terms you shall have no liability to us for it.

We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).

We will not accept any changes in the product specifications and the order will be delivered as per prevailing specifications at the time of placing of the order. For a bespoke order, please contact us.

Bespoke Orders

We will consider any bespoke products in accordance with our standard terms for the bespoke products below:

  1. Delivery timeline is normally 8-12 weeks though this may vary depending on the complexity of the order.
  2. An indicative price will be provided on request and this might marginally vary once the final product is ready (+/- 5%)
  3. All product specifications must be disclosed and clearly shared with our design team
  4. We are unable to accept any cancellation, refund, alteration or replacement of bespoke products at any cost.
  5. All bespoke orders must be secured by a non-refundable 100% deposit paid upfront upon placing the bespoke order.
  6. We will share pictures/diagrams/ descriptions if applicable prior to delivery.
  7. Bespoke products are exempt from returns and are excluded from our Enhanced Returns policy.

 

Consumer Law

The Consumer Rights Act 2015 is not applicable due to the fact that this is a Business to Business contract. This law applies to sales to consumers only, which you are held liable for as a Trade Account holder dealing directly with the end user.

As a trade account holder, you are liable to resolve disputed cases between yourself and your customer, under Consumer law. We, LOTIW, shall not intervene with the end consumer, as the transaction is between yourself and the consumer. If there is a dispute which is open, you are responsible to resolve this case with your customer, as the agreement is made between yourself and the consumer once the transaction is processed. We as a seller, only reserve the right to resolve any disputed cases with our trade account holders only, which is agreed within our terms of service once you sign up for a Trade Account.

If we are Drop-Shipping on behalf of the Trade Account holder to the consumer, the commercial aspects of the transaction such as the re-sale of the product, profit made within the transaction and commercial invoicing is strictly between the Trade Account holder and the end consumer. Under no circumstances are we, LOTIW, involved in any commercial aspects of the transaction between yourself and the consumer therefore, the consumer law applicability remains between the trade account holder and the end consumer. The drop-ship program falls outside of the consumer law due to the fact that it is a business to business program only.

 

Content, Images & Copyright

  1. All the images and the product copy belong to us and we reserve the right to remove it. Specifically, under no circumstances can you use images from our web site that include any people.
  2. If you cease to trade, or your account is suspended, you hereby agree to and must remove the images from your site.
  3. Under no circumstances is it permissible to use any of the content or product descriptions mentioned on our website.
  4. You are only authorized to download the images and product information.
  5. You are not permitted to copy any third-party images or branding without the specific written permission from LOTIW.

 

Data Syncing

  1. By using our data syncing platform, you give LOTIW unequivocal consent for us to push product information to your website as well as your associated multichannel accounts on Shopify, Etsy and eBay etc.
  2. In the unlikely event of failure in data syncing, we will not be held liable for any loss of revenue or potential sales.
  3. While all efforts are undertaken to make sure the data you receive is accurate at the time of publication, we will not be held responsible for any inaccuracies that may creep through and their consequences.
  4. The data syncing is based on technical guidelines as offered by Shopify, Etsy and eBay etc…  There is a possibility that these companies may alter or deny the data syncing process or change their terms and conditions. We will not be held liable for such eventualities which are outside our control.

 

Defective Goods and Returns

Whilst we demand the best standards of build quality for our products, we accept no liability whatsoever for faults or defects occurring within commercial / contract / catering environments.

All sizes might vary by up to 1cm, although overall quality is not affected.

In the unlikely event that the Goods do not conform to these Terms, please let us know immediately after delivery and follow our Standard Operating Procedure (SOP) below:

  1. Notify us no later than 2 working days from the receipt of the order.
  2. Always quote the Product SKU number and PO number.
  3. Attach any relevant pictures and a brief explanation of the issue.
  4. We aim to process the request and revert to you within 5 business days.

Depending on the outcome, we may like to inspect or collect the Goods on a date agreed between us at the original shipping address and once we have checked that the Goods are faulty, we may at our discretion:

  1. Issue a credit note or
  2. Issue a discount or
  3. Provide you with a full or partial refund or
  4. Replace the Goods or a part of it such as knobs, legs, cushions etc.
  5. Repair the Goods

These Terms will apply to any repaired or replacement Goods we supply to you. If we are not satisfied with the defect specified by you or your customer, we will not expect return of the goods.

Where possible, remedial work will be carried out either at the buyer’s premises or once the returned piece has arrived at our premises. It will be re-delivered with the next available order.

Returns for bespoke Orders will not be accepted under any circumstances.

Report any damages, shortages or defects to us in writing within 2 working days. We will not accept any claims entered into thereafter.

A claim or dispute with regard to a particular Order will not entitle you to offset or adjust payment against another Order, be it a current order or future orders.

Any refund will be paid into the same bank account used to make the purchase, within 14 business days of date of refund.

Delivery

Delivery of the Order shall be deemed to be completed when we deliver the Goods to you or on your behalf to your end-user.

  1. We will take reasonable steps to deliver the order within our standard delivery window.  However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
  2. We shall have no liability to you, nor accept liability for late delivery as these are handled by third party logistics companies.
  3. If you or your designated end customer fail to take delivery of the Goods as specified by us we will invoice you for the wasted two way delivery cost and admin / handling fee, and we may then resell, or otherwise dispose of, part or all of the Goods and pay you for any excess over the price of the Goods or charge you for any shortfall below their price.
  4. If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments unless you tell us otherwise. Delivery in instalments will not incur any additional charges.
  5. The exact delivery address needs to be specified at the time of order booking and cannot be altered when the goods are on their way to the specified address or destination specified.
  6. If you have specified an incorrect or an incomplete address, or you or your designated end customer fail to take delivery of the Goods as specified by us, we will invoice you for the wasted two way delivery cost and admin / handling fee, and may then resell, or otherwise dispose of, part or all of the Goods and pay you for any excess over the price of the Goods or charge you for any shortfall below their price.
  7. If you are taking an order on behalf of your customer please ensure you liaise with your end-customer with regard to day, date, time and delivery point of the order as we can’t be held responsible with regard to any miscommunication between the trade account holder and their customer.
  8. In the unlikely event of traffic or congestion, arrival of your order may be delayed. We aim to keep you updated on any delays but we can’t be held accountable as such events are outside our control.
  9. We cannot be held responsible for any delivery failure due to road closures, parking restrictions or any other reason why the delivery vehicle and driver cannot access the delivery address.
  10. In the unlikely event of the order being lost in transit, we will refund you the value of the order. However, we cannot be held responsible and accountable for any subsequent losses. Contractual or consequential losses arising as they are your responsibility or at your risk. For added protection and peace of mind, you may wish to consider insuring the goods on your own behalf.

Force Majeure - Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

  1. Strikes, lock outs or other industrial action
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
  4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
  5. Impossibility of the use of public or private telecommunications networks
  6. Pandemic or epidemic

Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.

General

If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with your obligations. If we do agree to waive a default by you that will not mean or imply any subsequent default by you shall automatically be waived. No waiver by us of any of these Terms shall be effective unless expressly advised it is a waiver and we tell you so in writing.

A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

These Terms shall be governed by English law and we both agree to the exclusive jurisdiction of the English courts.

Health & Safety

If the buyer or end user has an allergy or a medical intolerance such as asthma, we strongly advise you refrain from ordering our products. Despite our best possible efforts, including NC lacquer, lead tests and other safety standards that we follow, as the product parts and processes are undertaken in different working environments and the units are not quarantined, we cannot guarantee the products are not contaminated with or free from dust.

It is the customer’s responsibility to use the anti-tip device which is included with any product which needs it or required.

Interpretation

The definitions in this clause apply in the terms and conditions set out in this document:

  1. Force Majeure Event: Shall have the meaning specified in this Terms and Conditions document
  2. Goods: The products that we are selling to you as set out in the Order
  3. Order: Your order for the Goods (as set out online)
  4. Order Confirmation: Shall have the meaning set out as per terms and conditions of this document
  5. Seller / We: LOTIW LIMITED www.lotiw.com
  6. Buyer / You: A business with a valid trade account
  7. Drop-ship: Trade account holder engaged in selling LOTIW LIMITED (Sellers) products to public
  8. End User / Final Customer / Consumer: A member of public which is buying from a valid trade account holder
  9. Terms: The terms and conditions set out in this document
  10. Writing: Written communication. Includes e-mail or any other mode of electronic communication

Headings do not affect the interpretation of these terms.

Limitation of Liability

Subject to the clauses as set out in this document, if either the buyer or the seller fails to comply with these Terms, neither shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.

We will not be liable for any indirect or consequential loss whatsoever arising from, or in connection with the supply of defective goods, delay in delivery, non-delivery, or loss or damage to goods whilst in transit to the property of the buyer, or any third party. Further we will not be liable for any damage to property, fixtures or fittings during, or after the delivery of product to you. It is your responsibility to ensure that there is sufficient access to enable safe delivery of goods and assist the driver in off-loading.

Subject to clauses as specified on the trading terms and condition document, neither of us shall be responsible for losses that result from our failure to comply with these Terms which fall into the following categories:

  1. loss of income or revenue.
  2. loss of profit.
  3. loss of business or reputation.
  4. loss of anticipated savings.
  5. loss of data.
  6. any waste of time.

Nothing in this agreement excludes or limits in any way our liability for:

  1. fraud or fraudulent misrepresentation or
  2. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

 

Notices

All notices sent by you to us must be sent by email to [email protected] We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.

Payments and Refunds

Refunds can take up to 10 working days and they will be organised against the original payment method. For example, if you’ve paid through PayPal, the refund will be sent through PayPal as well.

We will not be held responsible for loss of money if your financial details have been changed during the course of the transaction/open order. A minimum of 30 days notice is required to make changes in your financial details.

With the onset of confirmation of Payee (CoP) by British banks, if your bank details are not validated by our bank, we will not refund the money unless you give your written consent to accept risk and responsibility in the case of a failed/wrong payment.

Any financial loss based on account of incorrect bank details or change in bank is not our responsibility.

If an invoice is outstanding, we reserve the right to offset it against deposits and/or future invoices.

 

Price & Payment

The price of the Goods will be as set out on the website, www.lotiw.com or over email. If we have not provided a quotation, or the quotation has expired, our price list in force at the time will apply to your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have been confirmed in writing.

It is always possible that, despite our best efforts to endeavour to be as accurate as possible, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and advise you accordingly. If the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an error, we do not have to provide the Goods to you at the incorrect (lower) price.

Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.

 

 

Sale or Return

Goods are not sold on a ‘sale or return’ basis. We will not accept any returns unless in accordance within the terms stipulated in this contract. Should your customer have a change of mind returns will not be accepted. Drop-ship customers must understand their legal obligations before placing an order with LOTIW. The 14 days legal cooling off period is not applicable to us because we are a trade only website and any such obligations must be met and fulfilled between the trade account holder and their end user / customer. We have no responsibility or liability whatsoever regarding the legal 14 days cooling off period as our agreement is clearly set out between Seller (LOTIW LIMITED) and Buyer (valid trade account holder).

In the unlikely event of your customer refusing to accept any delivery, the onus to accept the product lies with the trade account holder, including any wasted delivery charge, as well as an alternative delivery location.

LOTIW will not accept any liability or responsibility even if the product is returned back to us. The product will be graded as ‘junk’, with no or nominal value.

At our discretion we may offer an Enhanced Returns procedure for some products as long as they meet certain conditions and a ‘returns charge’ is paid. Please contact us for more information.

The Goods

We warrant that on delivery, the Goods shall:

  1. Conform in all material respects with their description / the manufacturer’s specification subject to any qualification or representation contained in our brochures, advertisements or any other documents.
  2. be of satisfactory quality.
  3. be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods.
  4. be free from material defects in design, material and workmanship.
  5. Comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.

This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

This warranty does not apply to any defect in the Goods arising from wear and tear, willful damage, accident, negligence by you or any third party or if you use the Goods in a way that we do not recommend or not be reasonable to be used or your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.

Whilst we demand the best standards of build quality for our products, we accept no liability whatsoever for faults or defects occurring within commercial / contract / catering environments.

We will take reasonable and diligent steps to pack all Goods properly and to ensure we use our best endeavours that you receive your order in good condition.

These Terms apply to any repaired or replacement Goods supplied to you due to the unlikely event that the original Goods are faulty or do not otherwise conform to these Terms.

Trade Account

By completing a trade account application you confirm and agree to our terms and conditions and the fact that you (buyer) are a valid registered business. Any misrepresentation will invalidate your trade account with us. For the safety of your trade account please ensure that it is used in a legitimate manner and ensure that you do not use a password which is easily guessed. Any order placed using your trade account will be legally binding on your company.

LOTIW  reserves the right to suspend or cancel your Trade Account for any of the following reasons:

  1. if for any reason you have not followed our terms and conditions or that you have committed a substantial breach of the terms and conditions or are in significant breach of the terms and conditions.
  2. if there is a dispute involving a third party, or
  3. if any payments are outstanding on your account beyond 30 days
  4. In the event that the domain name of any customer could lead to confusion about distinguishing between LOTIW`S domain name and the customer’s domain name
  5. if any account holder is found to be using LOTIW keyword as a ‘Pay Per Click’ (PPC), or any similar revenue generating methods, on any online platform such as Google, Facebook, Amazon etc to name a few.
  6. In the event of your insolvency or Bankruptcy or you enter into any arrangements with creditors. 

Wasted Delivery Charges

In order to enhance the operational efficiency and cut down on the non-productive and administrative issues of any wasted delivery, we will levy charges for the wasted delivery which will cover the following scenarios:

  1. Unsuccessful deliveries due to wrong postcode
  2. Unsuccessful deliveries due to unavailability (despite being pre-notified)

The charges will be recovered and must be paid prior to re-scheduling the delivery. For the current charges, please refer to the wasted delivery charges on our website.