General terms and conditions
General terms and conditions
Email: Info@lokiefurniture.com
Website: www.lokiefurniture.com
Article 1 - Definitions
Løkie Furniture: Løkie Furniture, established in Rotterdam, Chamber of Commerce number 72306173.
Customer: the person with whom Løkie Furniture has entered into an agreement.
Parties: Løkie Furniture and Customer together.
Consumer: a Customer who is also an individual and who acts as a private person.
Article 2 - Applicability
These terms and conditions apply to all quotations, offers, work, orders,
agreements and deliveries of services or products by or on behalf of Løkie Furniture.
Løkie Furniture and the Customer may only deviate from these terms and conditions if this has been agreed in writing.
Løkie Furniture and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or
others.
Article 3 - Prices
Løkie Furniture uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
Løkie Furniture may always change the prices of its services and products on its website and in other expressions.
Increases in the cost prices of products or parts thereof, which Løkie Furniture could not foresee at the
time of making the offer or concluding the agreement, may give rise to
price increases.
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 statutory regulation.
Article 4 - Samples and models
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 terms Løkie Furniture may request
a down payment of up to 50% of the agreed amount when entering into the agreement . The Customer must have paid afterwards within 14 days after delivery. The payment terms used by Løkie Furniture are fatal payment terms. This means that if the Customer has not paid the agreed amount by the last day of the payment term at the latest, he is automatically in default and in breach, without Løkie Furniture having to send the Customer a reminder or put him in default. Løkie Furniture may make a delivery dependent on immediate payment or demand security for the total amount of the services or products.
Article 6 - Right of complaint
If the Customer is in default, Løkie Furniture may invoke the right of complaint with regard to the unpaid
products delivered to the Customer .
Løkie Furniture exercises its right of complaint by means of a written or electronic notification to the
Customer.
As soon as the Customer has been informed of the invoked right of complaint, the Customer must
immediately return the products in question to Løkie Furniture, unless otherwise agreed in writing.
The Customer shall pay the costs for retrieving or returning the products in paragraph 3.
Article 7 - Right of withdrawal
A consumer may cancel an online purchase within 14 days after purchase without giving any reason.
This right of withdrawal does not apply if:
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 order or a form of
leisure activity
the product is a separate magazine or newspaper
the consumer has waived his right of withdrawal
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
The consumer can use his reflection period by sending an email with that subject to
Info@lokiefurniture.com, possibly using the withdrawal form that is available on the website of
Løkie Furniture, www.lokiefurniture.com.
The consumer must return the product to Løkie Furniture within 14 days after making his right of withdrawal known
, otherwise his right of withdrawal will lapse.
Article 8 - Reimbursement of delivery costs
If the consumer has revoked his purchase on time and
has returned the entire order to Løkie Furniture on time, Løkie Furniture will
refund any shipping costs paid by the consumer within 14 days of receipt of the order that has been returned in full on time.
The delivery costs will only be borne by Løkie Furniture if the entire order
is returned.
Article 9 - Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time,
the Customer will pay the costs for this.
Article 10 - Right of retention
Løkie Furniture may exercise its right of retention and in that case retain the Customer's products
until the Customer has paid all outstanding invoices of Løkie Furniture, unless the Customer
has provided sufficient security for those costs.
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
Løkie Furniture.
Løkie Furniture is not liable for any damage suffered by the Customer due to the use of its
right of retention.
Article 11 - Retention of title
Løkie Furniture shall remain the owner of all delivered products until the Customer
has paid all outstanding invoices from Løkie Furniture relating to an underlying agreement, including claims due to
failure to comply.
Until that time in paragraph 1, Løkie Furniture may exercise its retention of title and take back the goods.
Before ownership has been transferred to the Customer, the Customer may not pledge, sell,
alienate or otherwise encumber the products.
If Løkie Furniture exercises its retention of title, the agreement shall be
terminated and Løkie Furniture may claim damages, lost profits and interest from the Customer.
Article 12 - Delivery
Delivery will take place while stocks last.
Delivery will take place at Løkie Furniture, unless otherwise agreed.
Delivery of products ordered online will take place at the address specified by the Customer.
If the Customer does not pay the agreed amounts or does not pay them on time, Løkie Furniture may suspend its obligations
until the Customer pays.
In the event of late payment, there is a case of creditor default, as a result of which the Customer cannot object to late delivery to Løkie
Furniture.
Article 13 - Delivery time
The delivery times of Løkie Furniture are indicative. If delivery is made later, the Customer cannot
derive any rights from this, unless otherwise agreed in writing.
The delivery time commences when the Customer has fully completed the ordering process and has
received confirmation of this from Løkie Furniture.
The Customer will not receive any compensation and may not cancel the agreement if Løkie Furniture
delivers later than agreed. The Customer may cancel the agreement if this has been
agreed in writing or if Løkie Furniture cannot deliver within 14 days, after having been
reminded in writing to do so or the Customer and Løkie Furniture have agreed otherwise.
Article 14 - Actual delivery
The Customer must ensure that the actual delivery of his ordered products can take place on time.
Article 15 - Transport costs
The Customer shall pay the costs for transport, unless the Customer and Løkie Furniture have agreed otherwise in writing.
.
Article 16 - Packaging and shipping
If the packaging of a delivered product is opened or damaged, the Customer must
have a note made of this by the carrier before receiving the product. If the Customer does not do this,
he cannot hold Løkie Furniture liable for any damage.
If the Customer arranges the transport of a product himself, he must
report any visible damage to products or packaging to Løkie Furniture prior to transport. If the Customer does not do this,
he cannot hold Løkie Furniture liable for any damage.
Article 17 - Storage
If the Customer does not take delivery of ordered products until after the agreed delivery date, the risk of any
loss of quality is entirely for the Customer. Any additional costs resulting from premature or late delivery of products are entirely for
the Customer's account.
Article 18 - Warranty
The warranty on products only applies to defects caused by defective manufacturing
or construction or defective material.
The warranty does not apply:
- in the event of normal wear and tear
- for damage caused by accidents
- for damage caused by changes made to the product
- for damage caused by negligence or improper use by the Customer
- when the cause of the defect cannot be clearly established
The risk of loss, damage or theft of the products that are the subject of an agreement between
the parties, passes to the Customer at the time when they are legally and/or actually delivered, or at least
come into the power of the Customer or of a third party who receives the product on behalf of the Customer.
Article 19 - Exchanges
The Customer may exchange a purchased item. The following conditions apply:
exchanges take place within 14 days after purchase, whereby the Customer can show the original invoice
the product is returned in the original packaging and with the original price tag attached
the product has not yet been used
Discounted items, perishable products, custom-made items or
items specially adapted for the Customer cannot be exchanged.
Article 20 - Indemnity
The Customer shall indemnify Løkie Furniture against all claims from others relating to the
products and/or services supplied by Løkie Furniture.
Article 21 - Complaints
The Customer must examine a product delivered or service provided by Løkie Furniture as soon as possible for
any shortcomings.
If a delivered product or service does not meet what the Customer could reasonably expect,
the Customer must inform Løkie Furniture of this within 1 month of discovering the
shortcoming.
A consumer must
inform Løkie Furniture of this within 2 months of discovering the shortcoming.
The Customer must provide as detailed a description as possible of the shortcoming, so that Løkie Furniture
can respond appropriately.
The Customer must demonstrate that the complaint relates to an agreement between the Customer and Løkie Furniture.
If a complaint concerns ongoing work, the Customer cannot demand that Løkie Furniture
perform other work than agreed.
Article 22 - Notice of default
The Customer must notify Løkie Furniture of any notice of default in writing.
The Customer is responsible for ensuring that his notice of default actually reaches Løkie Furniture on time.
Article 23 - Customer Liability
When Løkie Furniture enters into an agreement with multiple Customers, each of them is jointly and severally
liable for fulfilling the agreements in that agreement.
Article 24 - Liability Løkie Furniture
Løkie Furniture is only liable for damage suffered by the Customer if that damage is caused by intent
or deliberate recklessness.
If Løkie Furniture is liable for damage, this only applies to direct damage related
to the performance of an underlying agreement.
Løkie Furniture is not liable for indirect damage, such as consequential damage, lost profit or damage to
third parties.
If Løkie Furniture is liable, this liability is limited to the amount
paid out by a concluded (professional) liability insurance. If no insurance has been concluded or no
amount of damage is paid out, the liability is limited to the (part of the) invoice amount to which the
liability relates.
All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative
indicative and cannot lead to any compensation, dissolution or suspension.
Article 25 - Expiration period
Any right of the Customer to compensation from Løkie Furniture expires 12 months after the event from which the liability directly or indirectly arises.
liability directly or indirectly arises. This does not exclude the provisions of article 6:89 BW.
Article 26 - Termination
The Customer may terminate the agreement if Løkie Furniture is culpably in
breach of its obligations, unless this breach does not justify termination due to its
special nature or minor significance.
If Løkie Furniture is still able to fulfill its obligations, termination may only take place
after Løkie Furniture is in default.
Løkie Furniture may terminate the agreement with the Customer if the Customer
does not fulfil its obligations under the agreement in full or in a timely manner, or if Løkie Furniture has become aware of
circumstances that give it good reason to assume that the Customer will not fulfill its obligations.
Article 27 - Force Majeure
In addition to article 6:75 BW, a shortcoming of Løkie Furniture by the Customer cannot
be attributed to Løkie Furniture in the event of force majeure.
The force majeure situation in paragraph 1 also includes:
- an emergency such as a civil war or natural disaster
- default 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
If a force majeure situation occurs as a result of which Løkie Furniture cannot
fulfil one or more obligations towards the Customer, those obligations will be suspended until Løkie Furniture can fulfil them.
From the moment that a force majeure situation has lasted for at least 30 calendar days, both the Customer and Løkie Furniture may
cancel the agreement in writing in whole or in part.
In the event of force majeure, Løkie Furniture is not obliged to pay any compensation to the Customer, even if Løkie
Furniture benefits from this.
Article 28 - Amendment of agreement
If it is necessary to amend a concluded agreement for its execution, the Customer and
Løkie Furniture may amend the agreement.
Article 29 - Amendment of general terms and conditions
Løkie Furniture may amend these general terms and conditions.
Løkie Furniture may always implement amendments of minor importance.
Løkie Furniture will discuss major amendments with the Customer in advance as much as possible.
A consumer may terminate the underlying agreement in the event of a major amendment to the general terms and conditions
.
Article 30 - Transfer of rights
The Customer may not transfer any rights under an agreement with Løkie Furniture to others without the written
consent of Løkie Furniture.
This provision applies as a clause with property law effect as in article 3:83 paragraph 2 BW.
Article 31 - Consequences of nullity or voidability
If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will
not affect the other provisions of these terms and conditions.
A provision that is null and void or voidable will in that case be replaced by a provision that
comes closest to what Løkie Furniture had in mind when drawing up the terms and conditions on that point.
Article 32 - Applicable law and competent court Dutch law applies
to these general terms and conditions and any underlying agreement between the Customer and Løkie Furniture . The court in the district of the place of business of Løkie Furniture has exclusive jurisdiction to hear any disputes between the Customer and Løkie Furniture, unless the law provides otherwise. Drawn up on November 11, 2023.