General Terms and Conditions
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1. General provisions 1.1 These terms are the general terms and conditions of Ligwijzer (www.Ligwijzer.nl and www.Ligwijzer.be) and Mikoala (Mikoala.com). Ligwijzer / Mikoala.com NL822333703B01
Contact: klantenservice@ligwijzer.nl 0513-792037
1.2. These general terms and conditions apply to the formation, content, and fulfillment of all agreements made between Ligwijzer and third parties (hereinafter: "buyer") via the Ligwijzer website (hereinafter: “LW”). By placing the order, the buyer indicates that he/she agrees to these General Terms and Conditions. General or specific conditions of third parties apply only if this has been agreed in writing (including by email).
2. Prices, offers, and agreements 2.1 The prices indicated on the site are, unless otherwise stated, including VAT. 2.2 LW strives to handle the listed prices and conditions on the site as carefully as possible. However, LW cannot guarantee their accuracy; human or technical errors are not excluded. LW is not bound by agreements made based on incorrect information appearing on the site. 2.3 LW may adjust its prices and rates at any time. These are valid from the moment of the price change. 2.4 The buyer must be at least 18 years old to enter into an agreement. By accepting these general terms and conditions, the buyer declares that he/she is at least 18 years old. 2.5 The buyer can purchase products online on the LW site. The agreement (including these general terms and conditions) between LW and the buyer is established when the buyer has completed their order and payment has been received by LW. 2.6 Any discount promotions cannot be combined.
3. Delivery 3.1 LW states the delivery times on the site or otherwise to the best of its knowledge. LW makes every effort to adhere to these delivery times, but is not obligated to do so. LW will, where possible, consult with the buyer if the delivery time is exceeded, but is also not obligated to do so. LW is not liable for any damage resulting from the exceeding of a delivery time. 3.2 According to the 'Distance Selling' law, the maximum delivery time is 30 days unless otherwise agreed. If this maximum delivery time cannot be met, LW will inform the buyer in a timely manner, and the buyer has the option to cancel the agreement or agree on a new delivery time. Any amounts already paid will be refunded within 30 days upon cancellation. In the event that LW cannot fulfill its delivery obligation due to a non-attributable shortcoming (including explicitly insufficient stock or delayed deliveries from the producer), the performance of the agreement will be suspended for the duration of this force majeure situation. If the force majeure situation lasts longer than 1 month, both LW and the buyer have the option to cancel the agreement in writing, after which both parties are released from their obligations to each other. Any payments already made will be refunded within 30 days. 3.3 Right of return Without stating a reason, the buyer can return cushions and pillowcases within 42 days after the delivery date and mattresses within 21 days. The purchase price will be refunded within 30 days after LW receives the product. The costs for returning the product are the responsibility of the buyer, unless otherwise stated on the website or in email messages. The conditions for the right of return are that the product must not be damaged. It must also be returned complete and in the original packaging. The right of return does not apply in the case of custom-made products (for purchases that have been specially produced for the buyer). Ligwijzer / Mikoala.com Handelswei 6 8501 XJ Joure
4. Payment 4.1 The buyer will pay the amounts due after the completion of the ordering process on LW's website, except for what is stated in 4.3. A purchase agreement only exists if the entire amount associated with that order has been received by LW. The buyer has no right to a discount afterwards and cannot invoke set-off and/or suspension. 4.2 If the purchase amount is not received in full by LW, LW is automatically and without obligation to compensate released from its obligation to deliver the products ordered by the buyer. 4.3 If it has been agreed in writing (including by email) that the Buyer may pay later, then articles 4.1 and 4.2 do not apply. This also applies to mattresses. These must be paid for by the Buyer after the trial period if and to the extent that the Buyer has not informed LW within the trial period of the intention to return the delivered mattress(es).
5. Warranties 5.1 The warranty period for mattresses and mattress toppers is 5 years. For all other products from LW, the warranty period is 1 year. 5.2 Wear and tear of a product that is inherent to its use is not covered by the warranty. This explicitly includes the reduction in height of a (head) pillow, the softening of a (head) pillow, and the formation of 'dips' in mattresses as far as this falls within the margin of what is normal for such products. 5.4 The Buyer cannot invoke warranty provisions if he has made changes to the goods or has had changes made without prior written consent from LW. The Buyer also cannot invoke warranty provisions if the defects are wholly or partially the result of incorrect, careless, or unskilled use; if the defects occurred due to lightning strikes, fire or water damage, or other external causes or misfortunes; if the Buyer has neglected the goods; if the Buyer has treated the goods carelessly in another way, or has treated them in such a way that the risk reasonably and fairly should be borne by the Buyer. 5.5 If the Buyer wishes to invoke the warranty, he must contact LW. LW has the right to inspect the product that the Buyer is complaining about, and the Buyer is obliged to cooperate in returning the relevant product. If the complaint falls within the trial period (42 days for pillows and 21 days for mattresses), then the return shipping costs are for LW. If the Buyer complains after the trial period, then the return shipping costs are for the Buyer. LW will inform the Buyer within 7 working days after receiving the relevant product whether it finds the complaint justified. 5.6 If LW agrees with the complaint as described in art. 5.5, then LW has the right to choose either replacement of the product or refund of the purchase amount. If the return shipment occurs later than 2 months after delivery and LW chooses to refund, then LW has the right to withhold 1/60 of the purchase amount from the amount to be refunded for each month that the Buyer has had the product in their possession. This corresponds pro rata to a depreciation period of 5 years. 5.7 If LW finds the complaint unjustified, LW will notify the Buyer of this within 7 working days and provide justification. If the Buyer disagrees with LW's perspective and both parties do not reach a settlement, a dispute arises. The procedure for disputes is described in article 9. 6. Risk 6.1 The risk of the delivered products transfers to the Buyer at the moment of delivery.
7. Privacy 7.1 LW respects the privacy of all visitors to its site, and personal information is treated confidentially. The customer database of LW will only be used by and for Ligwijzer. 7.2 Without explicit consent from the Buyer, third parties will not have access to the customer database of LW. 7.3 The Buyer can request changes to their personal data. These changes will be implemented by LW unless this leads to disproportionate effort.
8. Miscellaneous 8.1 LW is not liable for any damage, of any kind, arising from or in connection with the use of information on the site. LW strives to ensure that all information on the site is accurate and up-to-date. However, errors and omissions are not excluded, and LW is not liable for them. 8.2 All photos, logos, texts, videos on the site may not be used by third parties without the prior written consent of LW. The copyrights of these belong to LW. 8.3 Any liability of LW towards the Buyer under a concluded agreement is limited to a maximum of the amount paid by the Buyer to LW under the agreement. LW is never liable for any consequential damages.
9. Disputes 9.1 Dutch law applies to all rights, obligations, offers, orders, and agreements to which these terms and conditions apply, as well as to these general terms and conditions. 9.2 The parties will attempt to resolve disputes among themselves. If this proves impossible, the dispute will be submitted to MKB-keurmerk, to which LW is affiliated. The ruling of MKB-keurmerk is binding for both parties. 9.3 If the Buyer wishes to initiate legal proceedings despite the provisions in 9.2, this can only be done at the competent Court in Leeuwarden. |