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General Terms and Conditions MIOKOO

Version January 26, 2024

These Terms and Conditions apply when you, as a customer or prospective customer, enter into or wish to enter into an agreement with MIOKOO (trade name of Five Orange Zebras BV). Please contact us if you are a business customer and have mistakenly received this version.

Please read these Terms carefully, as they govern what we expect from you and how we interact with you. If any provision in these Terms is unclear, please contact us via email at office@miokoo.com or by post at MIOKOO, Stefaan De Jonghestraat 91 c, 9300 Aalst, Belgium.

Contents:

  1. Definitions
  2. General
  3. Formation of Agreement
  4. Delivery - Receipt
  5. Price and Payment
  6. Complaints
  7. Warranty - Liability
  8. Right of Withdrawal
  9. Returns
  10. Money-Back Guarantee Actions
  11. Take-Back Program
  12. Website
  13. Ownership
  14. Intellectual Property
  15. Force Majeure
  16. Processing of Personal Data
  17. Applicable Law and Competent Court

1. Definitions

The following definitions apply in this document:

  • “MIOKOO”: Five Orange Zebras BV, with registered office at Stefaan De Jonghestraat 91 c, 9300 Aalst, Belgium, and company number 0752.712.773.
  • “Customer”: The natural person, consumer, who enters into, has entered into, or wishes to enter into an agreement with MIOKOO to obtain products or professional services from MIOKOO.
  • “Terms”: The general terms and conditions of MIOKOO.
  • “Website”: The website of MIOKOO or any of its subdomains.

2. General

These Terms apply to all offers, deliveries, services, performances, and agreements between the Customer and MIOKOO.

If the Terms are drafted or translated into a language other than Dutch, the Dutch version prevails.

If one or more provisions of the Terms are deemed invalid or void by a legal, administrative, or judicial decision, the remaining provisions shall remain fully in effect.

Substantial changes to these Terms will be communicated to the Customer in writing (including electronically).


3. Formation of Agreement

Orders can only be placed via the Website. The order becomes final upon acceptance of the product description, offer, price, and these Terms, notwithstanding the second paragraph of this article.

Offers on the Website are valid while stocks last. If part of an order is out of stock, the entire order will be delivered together.

If there is an apparent error in the price display or the calculation of the payment amount, MIOKOO reserves the right to cancel the order or offer a corrected proposal to the Customer. This particularly applies to, but is not limited to, evident mistakes in pricing, discount calculations, or invoice amounts that should have been reasonably recognized as errors. In such cases, MIOKOO will notify the Customer as soon as possible, and the Customer is entitled to cancel the order free of charge.


4. Delivery - Receipt

Delivery is only made within the markets specified on the Website. The delivery is carried out by a courier service selected by MIOKOO. MIOKOO commits to dispatch orders within 14 days of receiving payment, except in cases of force majeure.

Any stated delivery period is only indicative. Delays cannot give rise to the termination of the agreement to MIOKOO’s detriment or any claim for damages. MIOKOO is not liable for delays or losses caused by the courier.

Incorrectly provided or non-existent delivery addresses are the Customer's responsibility and may lead to additional charges, which MIOKOO may charge to the Customer without prior notice.

The risk of loss or damage to goods transfers to the Customer upon physical receipt. The Customer must facilitate the receipt of the products. If delivery at the agreed time is not possible and no alternative is available, the product will be refunded, excluding shipping costs.


5. Price and Payment

All prices are expressed in euros and include VAT unless stated otherwise. Prices exclude other taxes and levies.

Payment must precede delivery and can be made using the following methods: Belfius Direct Net, credit card, iDeal, KBC/CBC Payment Button, Bancontact.

Payments using a gift card/voucher are only accepted within the validity period indicated on the voucher. If an order amount is lower than the voucher value, no cash refund will be provided.

In case of full or partial non-payment within the set period, a late payment interest of 8% per annum will apply from the due date. Additionally, a fixed compensation fee is due:

  • €20 if the invoice amount does not exceed €150;
  • €30 plus 10% of the due amount if between €150 and €500;
  • €65 plus 5% of the due amount for amounts exceeding €500, up to a maximum of €2000.

This is applied after a formal notice is sent, and 14 days have passed.


6. Complaints

Complaints regarding deliveries must be submitted in writing within seven (7) calendar days after delivery. Complaints can be sent via email to office@miokoo.com or by registered letter to MIOKOO, Stefaan De Jonghestraat 91 c, 9300 Aalst, Belgium.

Hidden defects must be reported within two months of their discovery.

Products accepted “subject to inspection” or similar are deemed accepted within five days of delivery.

A statutory warranty period of two years applies. The Customer must prove that the product was purchased from the Website.

Minor deviations in quality, size, colour, finish, and absorbency inherent to the product do not constitute valid complaints.


7. Warranty - Liability

MIOKOO provides the legally required warranties and is not liable for damages due to normal wear and tear, leaks, stains, accidents, or misuse by the Customer.

Product liability never exceeds the legally provided limits.


8. Right of Withdrawal

Customers who enter into a remote contract with MIOKOO have the right to withdraw from the contract within 14 days without giving any reason. This period starts the day after product delivery.

To exercise the right of withdrawal, Customers must email office@miokoo.com with the subject “cancellation of a remote sale.”

The withdrawal is free of charge for the Customer, except for return shipping costs. Refunds will be issued via the original payment method.

Customers must handle the goods and packaging with care during the withdrawal period. The product may only be unpacked to the extent necessary to assess it. Products must be returned in their original condition and packaging.


17. Applicable Law and Competent Court

All offers and agreements are governed by Belgian law.

Any disputes arising from this agreement shall be settled by the courts of MIOKOO’s registered office, specifically the Enterprise Court of Ghent – Dendermonde Division, the Court of First Instance East Flanders – Dendermonde Division, or the Peace Court Second Canton Aalst.

Display prices in:EUR
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