Terms & conditions Woefer B.V

1. General

Your contractual partner for all orders in the context of this online offer is WOEFER BV, established at the Hoogte Kadijk 74, 1018 BP Amsterdam, who represents all the commercial activities of the brand 'Mykea' which occur on the website www.thisismykea.com and hereafter called Mykea.

 

All deliveries of Mykea to the customer are based on the following Terms and Conditions. These form the basis of all offers and agreements between the customer and Mykea, and cover the entire duration of the business relationship. Any conflicting or deviating Terms and Conditions of the buyer are only applicable if Mykea has accepted them in writing.

 

2. Purchase Agreements

1. The on this page mentioned "Specials" are non-binding invitation for the customer to order from Mykea.

 

2. By posting the completed order form on the Internet the customer is bound to the offer and thus close a purchase agreement or production agreement. Before sending the final offer the customer has the ability to check the correctness of the data to verify and correct if necessary. The ordering process can currently be done in the following languages: English & Dutch.

 

Then Mykea sends the customer an email order confirmation and controls the offer on the legal and effective practicability, in particular of a possible copyright infringement by third parties. The order confirmation cannot be seen as delivery confirmation but is intended to inform the customer that the order was received by Mykea.

 

The agreement is only concluded when Mykea has dispatched the ordered product to the customer and has sent a second e-mail (dispatch confirmation) to the customer confirming this.

 

The details of the order can be viewed online on www.thisismykea.com in the user profile under 'Orders'.

 

3. In connection with Art. 2 (2) it is not possible for Mykea as a platform provider to check printing designs made in advance whether they may infringe on existing rights for all customers. Mykea has the right to refuse received orders for acceptance within the legal deadline, if it is known or there is suspicion that third party rights or laws are violated of a print motif during the ordering process.

 

4. The ending of the purchase agreement is subject to timely and fully supplying by vendors to Mykea itself. This reservation does not apply in the case of short-term supply problems when Mykea is responsible for failure to deliver, especially when Mykea fails to timely provide for an alternative. The customer is immediately informed of the unavailability of the product. If the customer has already paid, he/she will be reimbursed.

 

3. Delivery/Despatch

1. The order is dispatched in principle within 10 working days after the order confirmation is received by the customer. Delivery periods and delivery times are only binding if expressly written by Mykea and have been confirmed as such.

2. The products are delivered within the Netherlands and some other European countries as specified on www.thisismykea.com.

3. Delivery shall be conducted by an elected Mykea agent. The customer has to pay the postage due, which depends on the value of the order and delivery location. Actual shipping costs are specified on www.thisismykea.com.

 

4. Prices

1. For customers from EU countries, the prices mentioned are the end prices. These prices include the taxes, especially VAT. Shipping costs are separately charged and separately noted. The delivery address is decisive.

2. For customers from outside the EU all the prices offered are net prices. The delivery address is decisive. If, under the laws of the country of the recipient VAT must be paid upon receipt it must be paid as extra upon delivery. In addition to import duties which may have to be paid as extra when the customer receives the product to pay.

3. The customer has to pay the postage due, which depends on the value of the order and the delivery location. Actual shipping costs are specified on www.thisismykea.com.

4. Purchase price and postage must be paid immediately without deduction.

 

5. Payments

1. Payment may be in the form of iDeal, credit card, prepayment or other payment options. Mykea has the right to limit the choice of payment from which a customer can choose, depending on the value of the order, the location to where the package should be sent or other business criteria.

2. If the customer selected payment method, cannot be performed, in particular by a deficit in the account of the customer or by entering incorrect data, despite the contractual promise by Mykea, the customer is obliged to pay Mykea or ,by Mykea agreed, trusted third parties the extra costs due as a consequence of this.

3. Mykea is entitled to the settlement of payment using the services of trusted third parties:

a) Failure to comply with the payment obligation by the customer gives Mykea the right to pass its claim in the hands of a collection agency for payment and the pass the necessary personal data to this third party.

b) When third parties are involved in the settlement of payments, the payment against Mykea will only be deemed to be fulfilled, if the amount stipulated in the contract is made available to the third party so that the third party has unrestricted access to this amount.

 

6. Ownership Retention

1. The products remain the property of Mykea until all outstanding debts have been paid to Mykea. If the customer is a trader under the abw ('algemeen burgerlijk wetboek'), Mykea remains owner of all deliveries until all claims arising from the business relationship have been met.

2. The customer is obligated to treat all the products with care until they are transferred in ownership.

 

7. Guarantee

1. Statements, designs, illustrations, technical data, specifications of weight, size and value, that are included in flyers, catalogues, mailings, advertisements or price lists, have a purely informative character. Mykea cannot be held responsible for the accuracy of this information. Only the statements listed in the order confirmation are decisive as to the type and size of delivery.

2. When there is a defect under warranty, the customer is entitled under the law, to require that the defect is rectified, the agreement is annulled or a to ask for a discount on the purchase price.

3. In case of defective products being returned Mykea will pay for the postage.

4. The current state of technology cannot guarantee that the exchange of information via the Internet is always error free and/or if it is always possible. Mykea therefore cannot be held responsible for the uninterrupted availability of the online offer.

5. The claims under the customer's warranty are subject to the condition that, if the customer is an entrepreneur, his mandatory inspection and returns claims obligations under abw ('algemeen burgerlijk wetboek') are fulfilled.

6. The limitation period for warranty claims for products supplied shall be one year from the time the goods are received. If the customer is an entrepreneur, the limitation period is half a year.

7. When applying a MyKea Design Cover on your IKEA furniture piece you will loose the IKEA guarantee on your IKEA product.

 

8. Limitation of Liability

1. The liability of Mykea is otherwise subject to the statutory laws, insofar as nothing else is specified in these Terms and Conditions. Mykea is under unlimited obligation to pay compensation, on whatever legal basis it was based, in cases of intent and gross negligence. Moreover Mykea is under unlimited liability for ordinary negligence for death or bodily injury or damage to health caused by defects. In the case of ordinary negligence and breach of an essential obligation under the agreement (cardinal obligation) the responsibility of Mykea is limited to compensation for foreseeable damage typical for such cases.

2. Mykea cannot be held liable for damages caused by incorrect or improper installation and use and/or incorrect removal of the Mykea product and the Ikea furniture. For information on how to apply your Mykea design cover please visit: www.thisismykea.com/how-to-cover. For information on how to remove the Mykea design cover please visit www.thisismykea.com/faq

Since we cannot guarantee the condition of your furniture, we cannot guarantee that, after removing your MyKea design cover your IKEA furniture will be in the same condition as before you applied the MyKea design cover to your furniture. Mykea cannot be held responsible for any damage to your IKEA furniture.

3. Where the liability of Mykea in these Terms and Conditions might be excluded or limited, then it is also the case for personal liability for compensation of the employees, workers, employees, representatives and assistants of Mykea.

 

9. Information about the right of withdrawal

1. If you are a consumer within the scope of the 'algemeen burgerlijk wetboek' (abw), you can withdraw your statement on which the agreement has been reached within two weeks without giving reasons in writing (e.g. letter, fax or e-mail) or if the product arrives before the expiry of this period - by returning the products. The period begins after this instruction in writing is received, but not before the products have been received (with repeated delivery of similar products not before the first delivery is received) and also not before we have fulfilled our information collection requirements. To observe the time limit for withdrawal it is sufficient to recall the product before the expiry of the deadline. The declaration of recall or return of the products should be sent to: Hoogte Kadijk 74, 1018 BP, Amsterdam, The Netherlands.

In the case of a valid recall, the product received by both sides and where appropriate the benefits derived (e.g. interest) should be given back. If you cannot give us the received product in whole or in part or only in a worse state of return, we are not liable. By returning the products this is not the case where the depreciation of the value is based solely on your control of the product - as would be the case for example in a shop. Moreover you can use the obligation to indemnify a product affected by regular wear and tear, by not using the product as your own and to avoid everything that can depreciate its value. Products that can be sent as a package must be returned at your own risk. You must pay the costs of returning the products supplied if the received product corresponds to the ordered item and if the price of the product that is returned does not exceed 40 Euros or if you, if so agreed, have only partially paid for a product at a higher price at the time of recall. In all other cases the cost of return is free for you. Products which cannot be sent as a package will be picked up from you. Obligations to make payments within 30 days must be observed. The time limit begins when you send your recall declaration of the product with its delivery receipt.

 

10. Copyrights to print designs, freedom from liability

1. If the customer provides their own design, or otherwise alters the product in any way the customer gives Mykea the assurance that there are no third party rights on the text and motif. If there are any infringements of copyright, trademark or personality rights, in this case, the customer will be fully liable. The customer also assures that there are no infringements of third party rights with the personalisation of the product.

2. Customer will indemnify Mykea of all claims and claims of infringement of third party rights, where the customer is be liable for violation of his obligations. The customer shall reimburse any related costs for damages to Mykea.

 

11. Deviations of form and technical deviations

We expressly state that for compliance with the agreement that deviations may occur in relation to the descriptions and information in our brochures, catalogues and other written and electronic documents with respect to the properties of vinyl stickers, colours, weight, size, design and other such characteristics, in so far as they may be required by the customer. Reasons for accepting such changes may result from normal trade changes in technical production methods.

 

12. Data Protection

Mykea uses personal information of the customer only for the purpose for which they are given and in accordance with statutory law. The personal information given in order to complete an order process for a product (e.g. name, email address, postal address, and payment details) are only by Mykea to comply with and settle the contract. This information are treated confidentially by Mykea and not passed on to third parties not involved in the ordering, delivery and payment. The customer has the right to obtain information free of charge on their personal information stored by Mykea. Moreover, he has the right to correct inaccurate data, block and delete their personal data, unless that would conflict with a legal obligation to retain the data.

 

13. Appointed Court (Jurisdiction) - Venue - Choice of Law

1. The venue for all deliveries is the establishment of Mykea in Amsterdam.

2. If the customer is an entrepreneur, or a member of the legal public, or has the right of attorney, Amsterdam is the appointed court. In this case Mykea also has the right to choose for the dispute to be submitted to the customer's local court. The same applies accordingly if the customer cannot appoint a general jurisdiction in The Netherlands, if after signing the contract he has taken up residence abroad, or his residential or temporary address at the time when the claim was made is unknown.

3. The agreement made in accordance with the arrangements laid down in these Terms and Conditions, is exclusively subject to the law of the Dutch state. The validity of the UN Purchase Law shall be excluded. If the customer is a consumer and his usual residence is abroad, the statutory laws of this state continue to be enforced.

4. In the event that individual provisions of these Terms and Conditions, are illegal or contrary to the legislation, the agreement remains valid for the remainder. e melden. Shipping costs involved with this, will be at our expense. Any reimbursement of the invoice will be made within 14 days. Unstamped returns will not be accepted because they are subject to a penalty payment. The package should be returned after consultation.