General Terms & Conditions of Use
Date: October 1st, 2020
This website trades under the name “miokoo” and is managed by Five Orange Zebras bv – (hereafter: “forze,” “us,” “our,” “we,” “the seller,” “the promoter”) with registered office at
Stefaan De Jonghestraat 91 c, 9300 Aalst – Belgium
VAT number: BE0752712773
e-mail address: email@example.com
telephone number: +32 468.07.49.88
telephone contact hours: Mon-Fri 09:00-16:00
a natural person who is of legal age and who is not acting within the context of practicing a profession or conducting a business.
an order placed by the Buyer in line with the procedure described in article 2.1 for delivering one or more products.
a miokoo product that the Seller offers for sale on the website.
the price indicated on the website for a Product, including the VAT.
The price indicated on the check-out, VAT, and shipping costs incl.
the Order, which the Seller has accepted as such.
ARTICLE 1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
These are the general terms and conditions (together with any document to which this text refers), hereafter called the “General Terms and Conditions,” made available online by the Seller on www.miokoo.com. They apply to this website’s use, to all offers, orders, agreements, delivery of the “products” and other legal relationships between the Buyer and the Seller concerning the website’s use, including the purchase and sale of a Product on or via the website. Using this website or placing an order through it, you agree to be bound by these General Terms and Conditions, including our Privacy Statement. The General Terms and Conditions can be amended at any time without notice.
ARTICLE 2. USE OF OUR WEBSITE
The General Terms and Conditions and any document to which they refer create a legally binding agreement between you and us while protecting your rights as a customer and our rights as a company. They form the entire Agreement between the 2 of us and replace any previous agreement.
If during the duration of this Agreement, we do not manage to demand the full compliance with your obligations under the Agreement or to these General Terms and Conditions, or if we are unable to exercise the rights or legal remedies to which we are entitled based on the Agreement, this does not constitute a waiver of such rights or remedies, and you are not relieved of your obligation to comply. Waiving of rights by us is not valid unless it is explicitly stated that there is such a waiver and that this has been notified to you in writing. Waiving by us of the demands of compliance with these General Terms and Conditions does not imply a waiver regarding a later non-compliance.
ARTICLE 3. CONCLUSION AND CONTENT OF THE AGREEMENT
3.1 An Agreement will be concluded by the Buyer and the Seller exclusively through the Seller’s acceptance of an Order (the offer) from the Buyer that has been placed on or via the website in the following manner:
The Buyer has selected the Product(s) desired in the desired style, color, size, and absorbency performance and has added the Product to the shopping cart.
The Buyer has followed and completed the following steps:
Step 1: The Buyer has filled in his/her address details, and if the delivery address is not the same as the invoice address, the correct delivery address.
Step 2: The Buyer has checked the Order.
Step 3: The Buyer has selected the payment method desired and has made the full payment.
Step 4: The Order has been placed.
Step 5: The Buyer will receive a confirmation of the Order that has been placed (via the website).
Step 6: If the Seller has accepted the Order, the Seller will send the Buyer a confirmation by email as soon as possible after the Order has been placed.
3.2 The Seller will be entitled to reject the Order placed by the Buyer in the following cases, among others:
- If the total number of items purchased is above 12
- If the information that the Buyer has filled in is incorrect and/or incomplete, or if the Seller is reasonably entitled to doubt whether that is the case.
- If the Buyer’s payment is not received.
- If the Buyer has already failed to comply with his/her payment obligations towards the Seller in the past.
- If the Buyer in the past has failed to accept and/or collect Orders that he/she placed with the Seller.
- If there is an obvious mistake or clerical error, for example, in the prices indicated on the website.
The Seller will notify the Buyer as quickly as possible if an Order is not accepted.
3.3 The Seller will keep the Agreement on file and retain it for a specific term (having a minimum of seven years). If the Buyer has his/her account, he/she will be able to consult the Agreement by logging into that account. The Buyer may also request a copy of the Agreement from the Seller – as long as the Seller has it on file – by contacting the Seller via the contact details that can be obtained by clicking on the ‘Contact’ button on the website.
ARTICLE 4. PRODUCT
The products offered for sale are those mentioned on the website within the limit of their availability. The offers remain valid as long as they are visible on the website and within the limited available stocks.
Forze reserves the right to withdraw any product offered for sale on the Site at any time and without notice.
In case of unavailability of a product after validation of the Order, Forze will inform the Buyer within 14 days after placing the Order. The Buyer has the right to confirm the Order or to request a refund of the Product based on the paid sum for that particular Product.
The Product is described and represented as accurately as possible. The Buyer accepts there might be dissimilarities, esp. with regard to colors.
Forze cannot be held liable for manifest error or insignificant omissions between the Product’s characteristics and its representation and/or description.
Forze reserves the right to limit the maximum number of products per Order (12 items in total).
ARTICLE 5. PRICE AND PAYMENT
5.1 The prices indicated on the website are denominated in euros, inclusive of Value Added Tax (VAT), and exclusive of shipping costs. The total Purchase Price due will be shown when the Order is placed and when the Agreement is confirmed.
5.2 Customs duties, local taxes, import duties, or state taxes may be required. These duties and amounts are at the Buyer’s expense and responsibility; this includes declaration and payment.
5.3 The Seller will be entitled to adjust the prices indicated on the website from time to time without any notice being required. When the Order is placed, the prices displayed will be deemed the prices that form part of the Agreement.
5.4 When an order has been placed with a promotional code offering a discount linked to the purchase of a predetermined number of items in the same purchasing transaction, the return of one or more articles by the Buyer may cause the termination of the discount when the number of items required to apply this discount is no longer reached. The refund made to the Buyer will take into account that the reduction is no longer valid, and the difference will therefore be deducted from the refund.
5.5 Payment may be made using the methods indicated on the website. The debit is made at the time of the Order’s validation, after confirmation of the bank issuing the card. In case of refusal by the bank, the Order will automatically be canceled. Transactions are processed by Mollie, our online payment solution provider.
ARTICLE 6. DELIVERY METHOD AND DELIVERY DATES
6.1 Shipment will be made using a carrier designated by the Seller.
6.2 After the Agreement is concluded, the Seller will send the Products within 14 (fourteen) days.
6.3 The Seller will make delivery in accordance with agreed delivery dates to every extent possible; however, the Buyer acknowledges that the delivery dates are based on the circumstances of which the Seller is aware at the time at which the Agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to the Seller.
6.4 The Buyer will receive notice within 14 (fourteen) days after the Agreement is concluded if the delivery is delayed or if an order cannot be executed in whole or in part, in which case the Buyer will be entitled to dissolve the Agreement free of charge until the time at which the Order is shipped.
6.5 The risk with respect to any damage to or loss of the Products will be transferred to the Buyer from the time the Products are delivered.
6.6 The Buyer must check the packaging’s condition and the delivered Product’s conformity and express any reservations on the carrier’s delivery slip.
6.7 The Buyer is obliged to make the necessary arrangements to receive her/his package. In the case of nondelivery, the package will be returned by the carrier to the Seller. The refund of the Product (s) will be made as soon as possible. However, the shipping costs will not be refunded under any circumstances. If the Buyer would benefit from free shipping, a deduction of 6€ will be applied to the amount to be refunded to the Buyer.
ARTICLE 7. RETURN POLICY
7.1 RIGHT TO RETURN/CANCELLATION OF THE ORDER
7.1.1 The Buyer will be entitled to return the Product that has been delivered, free of charge, within a term of 14 days after the Product has been received, without stating his/her reason for doing so, in the manner indicated by the Seller (see article 7.1.2), provided that the Product has not been worn, is undamaged and in the original and undamaged packaging. The Buyer will not be permitted to exchange the Product for another Product. If the Buyer wishes to purchase another Product, he/she will have to place a new order on the website. There are no penalties to be paid, except for the cost of returning the Product (s).
7.1.2 To exercise the right to return, an email with the subject “Withdrawal from the sales contract” has to be sent to firstname.lastname@example.org. In this mail, the following information is necessary:
“With this email, I inform you of my withdrawal from the sales contract for the goods stated hereafter:
Name (first & family name)
5 7.1.3 Following that email, the Buyer must return the products ordered within 14 (fourteen) days. The Buyer shall bear the costs of returning the products; he/she will add a print of the email as described in 7.1.2 and the invoice or the delivery note. This return package shall be sent to Forze – Stefaan De Jonghestraat 91C – 9300 Aalst – Belgium.
Please note that misuse of the right to return is prohibited. The Buyer has the right to only one return and one refund per Order. For abnormal or abusive returns, Forze reserves the right not to accept the return and refuse a subsequent order. Forze will not be held responsible for any loss or damage occurring during transport. It is recommended to use a tracked shipping service. In case of loss or damage during transportation, the Buyer should contact the carrier directly. If the returns are not received at the address mentioned above, Forze will not process the refund.
7.1.4 In the case referred to in 7.1.1, and subject to their eligibility for reimbursement, the Seller will refund the Selling Price as quickly as possible and in any event within 30 days after Forze received the returned Product. If not all the Products that form part of the Agreement are returned, the Seller will be entitled to deduct the original shipping costs from the Purchase Price to be refunded because the same amount of shipping costs will be due for the Products that have not been returned.
7.2. “SATISFIED or REFUNDED”-deal for new customers
7.2.1 If the Buyer is a first-time customer, he/she is eligible for the “satisfied or refunded”-offer; he/she has 60 days from receipt of the Order to return the Product if he/she is not convinced. The Buyer will have to fill in a “not satisfied”-document and explain why he/she is not happy with the Product.
To exercise the right to return, an email with the subject “satisfied or refunded” has to be sent to email@example.com. In this mail, the following information will have to be stated:
“With this email, I inform you that I am returning the following item within the “satisfied or refunded”-deal:”
First Name & family name:
The reason why I am not satisfied with the Product mentioned above: (your text here)
If the Product has been bought in a package deal (e.g., three items with a reduction), only one Product can be used, and the Buyer must return the other products in an unused condition.
7.2.2 Following that email, the Buyer must return the Product within 7 (seven) days. He/she will add a print of the email as described in 7.2.1 and the invoice or the delivery note. This return package shall be sent to FORZE – Stefaan De Jonghestraat 91C – 9300 Aalst – Belgium. Forze will not be held responsible for any loss or damage occurring during transport. It is recommended to use a tracked shipping service. In case of loss or damage during transportation, the Buyer should contact the carrier directly. If the returns are not received at the address mentioned above, Forze will not process the refund.
7.2.3 In the case referred to in 7.2.1. Once we have confirmed the eligibility for reimbursement, the Seller will refund the Purchase Price as quickly as possible and in any event within 30 days after Forze received the returned Product. If not all the Products that form part of the Agreement are returned, the Seller will be entitled to deduct the original shipping costs from the Purchase Price to be refunded because the same amount of shipping costs will be due for the Products that have not been returned. The Buyer shall bear the costs of returning the Product
ARTICLE 8. FORCE MAJEURE
8.1 The Seller is not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede the Seller from complying with its obligations, and that cannot be attributed to the Seller because they cannot be blamed on the Seller, and cannot be deemed to be for the Seller’s account in accordance with the law, a legal act or in accordance with generally accepted standards, such as – but not restricted to – war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake or the bankruptcy of third parties engaged by the Seller, a failure on the part of the Seller’s suppliers to supply goods or a failure on the part of the Seller’s suppliers to provide goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other severe interruptions in the business operations of the Seller or third parties that it engages.
8.2 If as a result of a situation involving force majeure the Seller fails to comply with its obligations under the Agreement or fails to do so promptly, the Seller will be entitled to perform the Agreement within a reasonable term or – if compliance within a reasonable time is not possible – to dissolve the Agreement in whole or in part, without the Seller being obliged to pay the Buyer any compensation in that respect.
ARTICLE 9. COMPLAINTS
9.1 The Seller’s contact details can be found by clicking on the ‘Contact’ button on the website.
9.2 The Buyer will be obliged to inspect the Product when delivered and notify the Seller within a reasonable term if there are any visible defects or other complaints regarding the Agreement’s performance. Such complaints must be submitted in writing and must be fully and clearly substantiated.
9.3 The Seller will respond to any complaints that it receives within a term of 14 days after receipt. The Seller will notify the Buyer within 14 days if it is foreseeable that the complaint will require a longer-term process, stating the term within which the Buyer can expect to receive an answer.
9.4 The Buyer acknowledges that: minor deviations and deviations that are generally considered acceptable in respect of the quality, size, color, finishing, etc. of Products cannot be avoided or are difficult to avoid and do not constitute a well-founded reason to submit a complaint. Such complaints, and complaints regarding the removal of certain Products from the website, are not well-founded. The Seller will not be liable for any damage that the Buyer sustains due to such deviations or the removal of such Products from the website.
9.5 The Buyer will fully cooperate if the Seller recalls a Product. The Buyer will notify the Seller immediately if the Buyer suspects that a Product has a safety defect and is subject to being recalled.
ARTICLE 10. INTELLECTUAL PROPERTY RIGHTS
10.1 All marks, product names, logos, models, and designs (referred to below as the ‘IP Rights’) that are depicted on or affixed to the Products or otherwise related to the Products are the property of the Seller or one or more of its group companies. The Buyer acknowledges the Seller’s proprietary rights in respect of the IP Rights and will refrain from using the IP Rights in any way. The Buyer will refrain from any conduct that could harm or otherwise negatively affect the IP Rights.
ARTICLE 11. RISK AND TRANSFER OF OWNERSHIP
11.1 The ownership of the products ordered is transferred to the Buyer when the products have been delivered to him/her and after full payment of all sums due regarding the products that have been received.
11.2 Once the products’ ownership has been transferred, they will be held at your own risk, and you will be responsible for them.
ARTICLE 12. GUARANTEE AND LIABILITY
12.1 The Seller is required by law to provide a Product that meets the contract with the Buyer. Despite the care taken, our website, the pictures, and texts may sometimes contain errors. Should the Buyer receive an item not in conformity with the one viewed on the miokoo-website, the customer will be able to proceed to its exchange and/or refund in line with article 7.1 of these General Terms and conditions.
12.2 Seller shall be liable only for intent and gross negligence. However, in the case of breach of contract, the Buyer’s default, or Seller’simpossibility to perform delivery, Sellershall be liable for any culpable conduct of Seller’s employees and agents. “Essential contractual obligation” means the Order’s fulfillment, which allows for the proper performance of the contract by Seller on which the Buyer could regularly rely on. Seller’s liability is limited to the amount of the damages typically foreseeable when the contract is performed, except for willful misconduct or gross negligence of Seller’s legal representatives, executive employees, or other agents. Liability is further limited to the value of the relevant Order. Liability for indirect damages, particularly lost profit, exists only in case of intent or gross negligence of Seller’s legal representatives, executive employees, or other agents. The above exclusions and limitations of liability do not apply in the case of explicit guarantees by Forze and for damages resulting from injury to life, body, or health or where required by applicable law.
12.3 Forze declines all responsibility for leaks, wear, and possible bloodstains on the Product or any other item.
12.4 Forze cannot be held liable for the failure to respect the laws in force in the country where the Products are received. Forze’s liability is systematically limited to the value of the Products held liable at the date of sale, and with no possibility for filing claims against the Seller or its suppliers.
ARTICLE 13. APPLICABLE LAW
13.1 These General Terms and Conditions are governed by Belgian law. The language of the contract is Dutch. In case of dispute, the Belgian courts will have sole jurisdiction.
ARTICLE 14. INVALID PROVISIONS
14.1 If any provision contained in these General Terms and Conditions is invalid:
– the remaining provisions contained in these Terms and Conditions will nonetheless remain in effect; and
– the invalid provision will have to be interpreted as or converted into a valid provision having the same purport to every extent possible.
ARTICLE 15. AMENDMENT TO THE GENERAL TERMS AND CONDITIONS
15.1 The Seller will be entitled to amend these General Terms and Conditions from time to time. The most recent version of the General Terms and Conditions will be placed on the website. The Buyer must always consult these General Terms and Conditions before using the website. Suppose the Buyeris unable to consult the General Terms and Conditions via the Internet. In that case, the Seller will send the Buyer a copy of the most recent version of the General Terms and Conditions by email.
ARTICLE 16. PRIVACY OF CUSTOMER DATA
16.1 The Seller’s e-comm is processed by third parties applications. Therefore the Seller discloses the data necessary for the processing, invoicing, and payment of the Order. The customers’ data is recorded by those third-party applications and is essential for the processing and follow-up of the Order, the delivery of the products, and the customer relationship’s care and maintenance.
ARTICLE 17. LINKS
Forze does not review all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Forze of the Site nor the products on that Site. Use of any such linked website is at the user’s own risk.
ARTICLE 18. PROMOTIONS and COMPETITIONS
18.1 Entry is open to all residents of continental Europe and Singapore, aged 18 years and over, other than management, employees or contractors of the Promoter and other agencies, firms or companies associated with the Promotion (including suppliers of prize), and their immediate families (“Eligible Entrants”). Entries become the Promoter’s property and can be used for future promotional purposes, social media, and press opportunities.
18.2 If the Competition includes ‘refer a friend’ entries, entrants may ‘refer a friend’ to the Competition by entering the friend’s name and email address on the entry form. Entrants who refer-a-friend will receive a bonus entry into the Competition for each unique, completed referral. Entrants must only use the refer-afriend feature solely to those with whom the entrant has an existing relationship and who the entrant reasonably believes will not object to receiving information about the Competition or any other promotional material. Entrants creating false email addresses to gain more referrals will be disqualified.
18.3 The prize is non-transferable and cannot be exchanged for other services or products. The prize can only be delivered within continental Europe or Singapore unless specified. If any prize is unavailable, the Promoter reserves the right to substitute a different prize item of equal or greater value.
18.4 The competition winner will be drawn by an authorized Forze representative and contacted within 48 hours of the competition ending. If the winner cannot be contacted, the winner has 48 hours to respond to the Promoter to claim their prize, upon which the winner automatically forfeits their prize, and a new winner 9 will be drawn. The authorized Forze representative’s decision (including any decisions as to prize distribution) is final, and the Promoter will not enter into correspondence regarding the result.
18.5 If the prize requires delivery, the Promoter will take necessary actions to have the prize delivered on the day chosen/specified but takes no responsibility for delays or damage in delivery caused by third parties.
18.6 The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted, or misdirected entries, claims, or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.
The Promoter has no control over telephone communications, networks, or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction, or otherwise. The Promoter is not liable for user error consequences, including (without limitation) any costs incurred. The Promoter, its associated agencies and companies, and the agencies and companies associated with this Promotion (including Blogs, social media platforms, influencers.) will not be liable for any loss (including, without limitation, indirect, special, or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
Any prizes offered as part of a Competition will be as described by Forze. Prizes are not transferable and are not redeemable for cash. Taxes on any prizes are the responsibility of the winner. If the prize specified in the Competition becomes unavailable for any reason, we will substitute a prize of similar value. Winners receive prizes entirely at their own risk.
By entering a Competition, entrants acknowledge that the Competition is in no way sponsored, endorsed or administered by, or associated with, any social media platform (including Facebook, Instagram, Snapchat, Twitter, and/or Pinterest).
By entering a Forze competition, you agree to all terms and conditions as stated above.
18.7 Vouchers and Coupons If you are sent a gift voucher, we are unable to refund the original monetary amount. Items bought using a store voucher can only be exchanged or refunded through store credit, not through cash, credit card payments, PayPal, or Afterpay. If you place an Order for a Product less than the value of a voucher, no refund or residual credit will be returned to you. If a voucher’s credit is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher or attempting to rely on any other offer). Please note that only one voucher can be used per Order.
From time to time, we may release vouchers or coupons that may be used on the Site. Vouchers and coupons can only be redeemed on the Site in accordance with the special terms and conditions stated on them. Vouchers are valid for the specified period stated on them only. Certain Products may be excluded from voucher promotions.
Vouchers are applied to invoices as a whole. Accordingly, in circumstances where multiple Products are purchased using a voucher and one or more Products are returned, the discount is applied on a pro-rata basis to each Product to establish refund values.
18.8 Forze reserves the right to run promotions at their discretion and without warning. Coupon promotions can not be combined with other promotions, discounts, or offers and excludes gift cards, sale items, and bundle packs.
Forze cannot retroactively add a coupon or Promotion to your Order if you miss out or do not apply the correct coupon code.
ARTICLE 19. TAKE-BACK PROGAM
19.1 A take-back program is put into place. Only miokoo underwear can be sent back to our head office. Your miokoo-underwear will be used in this circular program under the following conditions:
- The Buyer or owner has to register the undie during the first year; through the miokoo-website.
- The miokoo-underwear can be sent back after at least three years of use. Only original miokoo-underwear will be taken into account. The miokoo-underwear has to be clean and adequately packed, preferably not in plastic. If this is not the case, the underwear will have to be thrown away, no voucher will be granted, and no further claims can be made.
- The registered underwear, together with the confirmation mail of the registration, should be sent to: Forze Stefaan De Jonghestraat 91 C 9300 Aalst
- Upon receiving the registered miokoo-underwear (clean and preferably not packed in plastic), you will receive the confirmation and a 5€ voucher for your next purchase on the miokoo-website. This voucher is non-transferable and is subject to the same conditions as stipulated in article 18.
- Dirty underwear or underwear not made by miokoo will be refused and does not give the right to the voucher, as mentioned in this article.