Terms of service

GENERAL TERMS AND CONDITIONS

Ikigaiya

1. IDENTITY OF THE SELLER AND STATUS OF THE CONSUMER

1.1 The "Seller" of the Products in this webshop is Ikigaiya, with registered address at Oude Diestsestraat 9, 3473 Kortenaken, company number BE0789397975, and bank account number BE50 7380 5276 7618.

The contact details of the Seller are:

contact@ikigaiya.eu
+32 456 67 14 91

1.2 The "Customer" who wishes to use the webshop expressly declares, by placing an order for Products via ikigaiya.eu (hereinafter: the "Website"), that they are acting in their capacity as a consumer. The Customer declares that they are 18 years of age or older.

2. DEFINITIONS

The Offer: The offering of Products via the Website. The Offer is governed by these General Terms and Conditions.
The General Terms and Conditions: These General Terms and Conditions, which apply to the Offer of the Seller and every Agreement concluded between the Seller and the Customer.
The Customer: Any natural person acting for purposes outside their trade, business, craft or professional activities, who purchases or may purchase Products via the Website.
The Agreement: The distance agreement concluded between the Seller and the Customer for the purchase of Products via the Website. The Agreement is governed by these General Terms and Conditions.
The Products: All goods and/or services offered for purchase on the Website.
The Seller: Ikigaiya, with registered address at Oude Diestsestraat 9, 3473 Kortenaken and company number BE0789397975.
The Website: The website at ikigaiya.eu.
The Business Day: All days except Saturday, Sunday, and Belgian public holidays.

3. SCOPE OF THE GENERAL TERMS AND CONDITIONS

3.1 These General Terms and Conditions apply to every Offer by the Seller and to all Agreements.

3.2 These General Terms and Conditions will be made available to the Customer, at the latest before the conclusion of the Agreement, in a manner that enables the Customer to store them on a durable electronic medium.

4. FORMATION AND DURATION OF THE AGREEMENT

4.1 The Agreement is concluded after completing the ordering procedure as indicated in the webshop on the Seller's Website and once the Customer has accepted the Offer and the General Terms and Conditions.

4.2 The Agreement and the General Terms and Conditions remain in force until all obligations have been fulfilled.

5. OFFER

5.1 The offer of Products on the Seller's Website is non-binding, valid while stocks last, and may be changed at any time.

5.2 The Products offered on the Seller's Website are described in detail and accurately in accordance with applicable legislation, so that the Customer can make an informed purchasing decision.

5.3 If the offer of Products on the Seller's Website has a limited period of validity or is subject to certain conditions, this will be expressly stated in the offer.

5.4 The images on the Seller's Website are for illustrative purposes only and have no contractual value.

5.5 The Seller is not liable in the event of obvious material errors, typographical errors, or printing errors.

6. PRICES

6.1 The prices of the Products are the prices listed on the Website at the time the Customer places an order.

6.2 All prices are expressed in euros inclusive of VAT at the applicable current rate in the Customer's country of residence.

6.3 All prices of the Products are exclusive of any administrative costs, freight, delivery, and postage charges, which will always be listed separately. Administrative costs, freight, delivery, and postage charges will depend on the country to which the Products are to be shipped.

6.4 The total price will be available to and displayed to the Customer just before the Agreement is entered into.

6.5 If a Product is incorrectly priced on the Website, the Seller will contact the Customer in writing as soon as the Seller becomes aware of the incorrect price. The Customer will have the option to continue purchasing the Products or to cancel the order in accordance with the cancellation procedure set out in article 10.

The order will only be processed after the Seller has received the Customer's instructions within ten (10) Business Days from the moment the Seller notified the Customer. If the Seller is unable to contact the Customer using the contact details provided during the ordering process, or if the Seller receives no response from the Customer within the above-mentioned period, the Seller will treat the order as cancelled and notify the Customer in writing accordingly.

7. PAYMENT AND PAYMENT METHODS

7.1 The Customer may pay for the Products using the payment methods listed on the Website.

7.2 Unless expressly stated otherwise, the Customer must pay at the time of placing the order.

8. RETENTION OF TITLE

8.1 The Products remain the exclusive property of the Seller until full payment has been received from the Customer.

8.2 The Customer undertakes to inform third parties of the Seller's retention of title where necessary (e.g. anyone who may wish to seize Products that have not yet been fully paid for).

9. SHIPPING AND DELIVERY

9.1 Unless expressly stated otherwise, the Seller undertakes to deliver the Products within thirty (30) days of receipt of full payment.

If the Seller is unable to deliver the Products within the above-mentioned period, the Seller undertakes to notify the Customer in writing. The Customer will then grant the Seller a new, reasonable delivery period. If the Seller exceeds this period again, the Customer has the right to cancel the order.

9.2 The Seller will deliver the order to the address in Belgium, the Netherlands, Luxembourg, France, or Germany that the Customer provided to the Seller during the purchase process.

The Seller reserves the right to refuse orders with a delivery address outside Belgium, the Netherlands, Luxembourg, France, and Germany.

9.3 If no one is available at the Customer's address at the time of delivery, the Customer must follow the instructions of the delivery service responsible for delivering the order.

9.4 Upon delivery/collection, the Customer must inspect the packaging for any damage. If the Products are damaged, the Customer must not accept the delivery and must immediately notify the Seller. After notification, the Seller will provide the Customer with the necessary instructions regarding the damaged Products.

10. CONFORMITY

10.1 The Seller warrants that the Products comply with the Agreement and with reasonable requirements of soundness and/or usability, as well as with the legal provisions in force on the date the Agreement was concluded.

11. DAMAGES AND LIABILITY

11.1 The Seller is only liable for damage resulting from intent or gross negligence on the part of the Seller, to the extent that such damage cannot be excluded by law.

11.2 Where liability does arise, the Seller is only liable for direct damages.

Any liability of the Seller towards the Customer for direct damages arising from intent or gross negligence is limited, per event (whereby a series of related events counts as one event), to replacing the defective Products at the Seller's discretion or refunding the price of those Products. No other compensation may be claimed.

Liability for indirect damages, including lost profits, consequential damages, suffered losses, missed savings, and damages due to business interruption, is expressly excluded.

12. RIGHT OF WITHDRAWAL

12.1 The Customer has a statutory right to withdraw from the Agreement within the period set out in article 12.2. The Customer must notify the Seller of their decision to withdraw from the Agreement and receive a refund. The Customer is not required to give a reason for the withdrawal.

12.2 The Customer has fourteen (14) days to withdraw from the Agreement. The start of the withdrawal period may vary:

If the delivery consists of a single Product, the period begins the day after the Customer receives the Product.
If the delivery relates to multiple Products delivered on separate days, the period begins the day after the Customer receives the last ordered Product.
If the delivery relates to a Product over a set period, the period begins the day following the day on which the Customer received the first delivery of the Products.
If the delivery relates to a service agreement, the period begins on the day the Agreement was concluded.

12.3 No exceptions to the right of withdrawal apply to the Products offered by Ikigaiya.

12.4 If the Customer decides to withdraw from the Agreement, the Customer must notify the Seller by means of an unambiguous statement sent by registered post or by email to the address listed in article 1.1 of these General Terms and Conditions, or by completing the model withdrawal form included as an annex to these General Terms and Conditions.

The Customer must return the Products to the Seller without undue delay and in any event no later than fourteen (14) calendar days after sending the notice of withdrawal to the Seller. The Products must be returned to the Seller in the same manner as the Customer received them. All costs incurred in doing so are borne entirely by the Customer.

12.5 During the first 14 days after receipt, we ask that you handle the Products and their packaging with care. It is important that you only unpack or use the Products to the extent necessary to assess whether they meet your expectations. Any returned Product must be returned in full, including all individual components or accompanying accessories, in its original condition. Where possible, returns should be made in the original packaging, in accordance with our instructions.

12.6 In the event of withdrawal:

The Seller will refund the amounts already paid by the Customer for the Products upon receipt of the Products. The Seller may reduce the refund to account for any decrease in the value of the Products, if this was caused by the Customer handling them in a manner that would not be permitted in a shop.
The Seller will process all refunds within 14 (fourteen) days of receipt of the Products.
The Seller will refund the Customer using the same payment method as the one used by the Customer to place the order, unless the Customer has expressly agreed to a different payment method and this does not result in any additional costs for the Customer.
If the Products have been used beyond what is necessary to assess them, a decrease in value may be established. In such a case, the Seller has the right to deduct this decrease in value from the refund.

13. WARRANTY

13.1 The Customer is entitled to a statutory warranty of two (2) years. For second-hand goods, the Customer is entitled to a statutory warranty of one (1) year.

The statutory warranty covers any defect or lack of conformity of the Products that manifests itself within two years from the date of delivery of the Products.

If the defect or lack of conformity manifests itself within the statutory warranty period as defined in this article 13.1, it is presumed to have existed prior to delivery. This presumption may be rebutted if the Seller can prove otherwise.

13.2 The Customer must inform the Seller of the defective Products by registered post or by email to the address listed in article 1.1 of these General Terms and Conditions within a reasonable period, and no later than 2 (two) months after the defect became known or could reasonably have been known to the Customer.

13.3 The Customer must return the Products to the Seller without undue delay and in any event no later than fourteen (14) days after sending notification of the defects to the Seller. The Products must be returned to the Seller in the same manner as the Customer received them.

After return of the defective Product, the Seller will, at the Customer's discretion, send the Customer a new Product or repair the Product, and the Seller will bear all costs related to the exchange/repair of the Products. The Product can only be replaced and delivered insofar as it is still available/in stock with the Seller's suppliers.

If repair or replacement is not possible or cannot be carried out within a reasonable period, the Customer has the right to terminate the Agreement.

In that case:

The Seller will refund the amounts already paid by the Customer for the Products upon receipt of the Products.
The Seller will process all refunds within 14 (fourteen) days of receipt of the Products.
The Seller will refund the Customer using the same payment method as the one used by the Customer to place the order, unless the Customer has expressly agreed to a different payment method and this does not result in any additional costs for the Customer.

14. COMPLAINTS PROCEDURE

14.1 If the Customer has any complaints, they can contact the Seller using the contact details listed in article 1.1 of these General Terms and Conditions.

14.2 If the dispute cannot be resolved amicably, the Customer may submit a complaint to:

The Consumer Mediation Service, Koning Albert II-laan 8 bus 1 (North Gate II), 1000 Brussels.
The online dispute resolution platform made available by the European Union: http://ec.europa.eu/odr. For Belgium, this is the European Consumer Centre, Hollandstraat 13, 1060 Brussels, odr@eccbelgium.be, tel. +3228923712.

14.3 Should the Seller and the Customer still be unable to reach an agreement, the Customer may also contact Becom. Becom will mediate between the consumer and the Seller if the complaint appears well-founded at first sight. They can be reached via the online complaints form at https://becom.digital/nl/klachten/ or in writing: Markiesstraat 1, 1000 Brussels, info@becom.digital.

15. TRANSFER AND SUBCONTRACTING

15.1 The Seller has the right to transfer its rights and obligations under the Agreement to a supplier (e.g. for the delivery of the Product), but this will not affect the rights and obligations under these General Terms and Conditions.

15.2 If the Customer has purchased a Product as a gift, they may transfer the warranty as set out in article 12 to the recipient of the gift without requiring the Seller's consent.

16. FORCE MAJEURE

16.1 The Seller is not liable or responsible for any failure to perform or delay in the performance of its obligations under the Agreement that is caused by force majeure.

16.2 In the event of force majeure:

The Seller will notify the Customer; and
The Seller's obligations under the Agreement will be suspended and the deadline for the performance of obligations will be extended for the duration of the force majeure situation. Where the force majeure situation affects the delivery of the Products, the Seller will arrange a new delivery date with the Customer once the force majeure situation has ended.

17. APPLICABLE LAW

17.1 These General Terms and Conditions are subject to Belgian law. This means that the Agreements for the purchase of Products via the Website and all disputes or claims arising from or related to them are governed by Belgian law.

18. FINAL PROVISIONS

18.1 The Seller may amend these General Terms and Conditions at any time. The General Terms and Conditions in force at the time of ordering the Products will apply to the Agreement between the Customer and the Seller.

The invalidity of a provision or part of a provision under the Agreement will in no way affect the validity of the remaining part of the provision or the rest of the provisions and clauses.

Annex 1 — Model Withdrawal Form

BOOK VI Code of Economic Law

MODEL WITHDRAWAL FORM

(Complete and return this form only if you wish to withdraw from the agreement.)

— To Ikigaiya, Oude Diestsestraat 9, 3473 Kortenaken, contact@ikigaiya.eu:

— I/We* hereby notify you that I/we* withdraw from our agreement regarding the sale of the following goods/provision of the following service*:

— Ordered on / Received on*: ___________________________________________________

— Name of consumer(s): ________________________________________________________

— Address of consumer(s): ______________________________________________________

— Signature of consumer(s) (only when submitting this form on paper), with date indicated

* Delete as appropriate