1. General provisions

1.1

These terms and conditions are the general terms and conditions of Ligwijzer (www.Ligwijzer.nl and www.Ligwijzer.be) and Mikoala (Mikoala.com).

Name and address details:

Ligwijzer / Mikoala.com
Handelswei 6
8501 XJ Joure

VAT number:

NL822333703B01

Contact: 

klantenservice@ligwijzer.nl 

0513-792037

Ligwijzer is a trade name of Dutch Koala BV, located in Leeuwarden, and registered with the Chamber of Commerce in Leeuwarden under number 01181426.

1.2.

These general terms and conditions apply to the formation, content and performance of all agreements concluded between Ligwijzer and third parties (hereinafter: “buyer”) through the Ligwijzer website (hereinafter: “LW”). By placing an order, the buyer indicates that they agree to these General Terms and Conditions.

General or specific terms and conditions of third parties apply only if agreed in writing, including by email.

2. Prices, promotions and agreements

2.1

Unless otherwise indicated, the prices shown on the website include VAT.
Delivery costs in the Netherlands for orders under € 110 are € 4.95. Orders over € 110 are delivered free of charge in the Netherlands. Delivery costs in other countries vary by country. This will be indicated on the website when placing the order, before the buyer decides whether or not to proceed with payment.

2.2

LW makes every effort to handle the prices and conditions stated on the website as carefully as possible. However, LW cannot guarantee their accuracy; human or technical errors cannot be excluded. LW is not bound by agreements concluded on the basis of incorrect information appearing on the website.

2.3

LW may adjust its prices and rates at any time. These are valid from the moment the price change takes effect.

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 through LW's website. The agreement (including these general terms and conditions) between LW and the buyer is concluded when the buyer has completed the order and LW has received the payment.

2.6

Any discount promotions cannot be combined.

3. Delivery

3.1

LW states the delivery times on the website or otherwise to the best of its knowledge. LW will do its best to meet these delivery times, but is not obliged to do so. Where possible, LW will consult with the buyer if the delivery time is exceeded, but is not obliged to do so either. LW is not liable for any damage whatsoever resulting from exceeding a delivery time.

3.2

Under the Distance Selling Act, the maximum delivery period is 30 days unless otherwise agreed. If this maximum delivery period cannot be met, LW will notify the buyer in good time, and the buyer may cancel the agreement or agree on a new delivery period. Amounts already paid will be refunded within 30 days upon cancellation. If LW is unable to fulfill its delivery obligation due to a failure not attributable to it (including, explicitly, insufficient stock or delayed deliveries by the producer), performance of the agreement shall be suspended for the duration of this force majeure situation. If the force majeure situation lasts longer than one month, both LW and the buyer may terminate the agreement in writing, after which both parties shall be released from their obligations toward each other. Any payments already made will be refunded within 30 days.

3.3

Right of return

Without giving a reason, the buyer may return pillows and pillowcases within 42 days of the delivery date and mattresses within 21 days. The purchase price will be refunded within 30 days after LW receives the product. The costs of returning the product are borne by 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 its original packaging. The right of return does not apply to custom-made products (purchases produced specifically for the buyer). 

Postal address for returns:

Ligwijzer / Mikoala.com

Handelswei 6

8501 XJ Joure 

4. Payment

4.1

The buyer shall pay the amounts due after completing the ordering process on LW’s website, except as stated in 4.3. A purchase agreement is concluded only once LW has received the full amount due for that order. The buyer is not entitled to a discount afterward and may not invoke setoff and/or suspension of payment.

4.2

If the purchase amount has not been received, or has not been received in full, by LW, LW shall be released by operation of law and without any obligation to pay compensation 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 afterwards, 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 has ended if and insofar as the Buyer has not informed LW within the trial period that they wish to return the delivered mattress or mattresses.

5. Warranties

5.1

The warranty period for mattresses and mattress toppers is 5 years. For all other LW products, 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 a reduction in the height of a pillow, a pillow becoming softer, and the formation of “pits” in mattresses, insofar as this falls within the range of what is normal for such products.

5.3

Upon delivery, the Buyer is obliged to check whether the goods delivered correspond to the goods ordered. Any complaints in this regard must be reported in writing or by email as soon as possible, but no later than 14 days after delivery. Once the 14-day period has expired, the right to submit a complaint lapses. After the aforementioned period has expired, LW is deemed to have fulfilled its obligations and the Buyer is deemed to have received all goods in good order.

5.4

The Buyer may not invoke the warranty provisions if they have modified the goods or had them modified without LW’s prior written consent. Nor may the Buyer invoke the warranty provisions if the defects are wholly or partly the result of improper, careless, or unprofessional use; if the defects have arisen as a result of lightning strikes, fire or water damage, or other external causes or mishaps; if the Buyer has neglected the goods; or if the Buyer has otherwise handled the goods carelessly or in such a way that, reasonably and fairly, the risk should be borne by the Buyer.

5.5

If the Buyer wishes to invoke the warranty, they must contact LW. LW has the right to inspect the product about which the Buyer has complained, and the Buyer is obliged to cooperate in returning the product concerned. If the complaint is made within the trial period (42 days for pillows and 21 days for mattresses), the return shipping costs are borne by LW. If the Buyer submits a complaint after the trial period has expired, the return costs are borne by the Buyer. LW will inform the Buyer within 7 working days of receiving the product concerned whether it considers the complaint justified.

5.6

If LW agrees with the complaint as described in Article 5.5, LW has the right to choose between replacing the product and refunding the purchase price. If the product is returned more than 2 months after delivery and LW chooses to issue a refund, LW has the right to withhold 1/60 of the purchase price from the amount to be refunded for each month the Buyer has had the product in their possession. This corresponds proportionally to a depreciation period of 5 years.

5.7

If LW considers the complaint unjustified, LW will notify the Buyer of this within 7 business days and provide reasons. If the Buyer disagrees with LW's position and the parties cannot reach an agreement, a dispute shall be deemed to exist. The dispute procedure is described in Article 9.

6. Risk

6.1

The risk relating to the delivered products passes to the Buyer upon delivery.

7. Privacy

7.1

LW respects the privacy of all visitors to its website, and personal information is treated confidentially. LW's customer database will be used exclusively by and for the benefit of Ligwijzer.

7.2

Without the Buyer's explicit consent, third parties will not have access to LW's customer database.

7.3

The Buyer may request changes to their personal data. LW will make these changes unless doing so would require disproportionate effort.

8. Miscellaneous

8.1

LW is not liable for damage of any kind arising from or related to the use of information on the website. LW endeavors to ensure that all information on the website is accurate and up to date. However, errors and omissions cannot be excluded, and LW is not liable for them.

8.2

All photographs, logos, texts, and videos on the website may not be used by third parties without LW's prior written permission. The copyrights thereto belong to LW.

8.3

Any liability of LW toward the Buyer arising from 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 damage.

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 shall attempt to resolve disputes amicably. If this proves impossible, the dispute shall be submitted to MKB-keurmerk, of which LW is a member. The decision of MKB-keurmerk is binding on both parties.

9.3

If, notwithstanding the provisions of Article 9.2, the Buyer nevertheless wishes to initiate legal proceedings, this may only be done before the competent court in Leeuwarden.