General terms and conditions
Applicability
These general terms and conditions apply to all orders and offers and agreements via the webshop Livomi.nl
By placing an order or accepting an offer, the consumer agrees to these terms and conditions.
Deviations from these conditions are only valid if they are recorded in writing.
Livomi may change these terms and conditions at any time.
The offer
When an offer is valid for a limited time or has specific terms and conditions, this is clearly indicated. The offer includes a complete and precise description of the products, digital content, and/or services offered.
This description is detailed enough to enable the consumer to make a well-considered assessment of the offer. If the entrepreneur uses images, they must accurately represent the products, services, and/or digital content offered.
Obvious mistakes or errors in the offer do not obligate the entrepreneur. Furthermore, every offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer.
The agreements / offers
Please note: Special conditions apply to discounted products.
An agreement is concluded once the consumer accepts an offer and meets all the conditions. If a consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of this acceptance. If this confirmation is not received, the consumer can still cancel the agreement.
With an electrical contract, the entrepreneur takes measures to ensure secure data exchange and provides a secure online environment. If payments can be made electronically, the entrepreneur also ensures the necessary security measures.
The entrepreneur checks within legal limits whether the consumer can meet his payment obligations and other relevant information for a responsible distance contract.
If research shows that it is not wise to enter into the agreement, the entrepreneur may refuse the order or impose special conditions.
The examples and models shown or provided, as well as the descriptions of colors, sizes, and other details in our brochures, promotional materials, websites, or social media, are as accurate as possible, but are only indicative. You cannot derive any rights from these unless we have agreed otherwise in writing.
By ordering from us, through our website or by email, you agree to a legally valid purchase agreement that must be followed by payment.
Prices / shipping costs / payment / retention of title
The prices stated for the products and services are in euros and include VAT unless otherwise stated.
For deliveries within the Netherlands we charge €5.95 in shipping costs.
For deliveries to Belgium we charge €9.95 in shipping costs.
For consumers from other countries, shipping costs depend on the country and the order amount. Livomi reserves the right to adjust these costs based on the current rates of our supplier (DHL/PostNL or similar parcel services).
Livomi requires prepayment (online or by bank transfer).
After placing an order, you will receive the total amount, including shipping costs, by email. There are no additional charges for online orders. All online items remain your property until full payment has been received.
Delivery
Livomi ships all orders placed before 4:00 PM the same day (Monday through Friday).
If you place an order on a weekend or public holiday, we will ship it the next business day (Monday to Friday).
All orders are shipped to the address you provided. If anything changes and we need to deviate from this, we'll notify you by email. If you're not home when the product is delivered, you can pick it up at a nearby (postal) point. If you don't pick up the package within three weeks, we'll return it and you'll receive a full refund, minus shipping costs.
When we talk about 'working days' we mean all days from Monday to Friday, except public holidays.
The delivery times we provide are estimates. If we exceed these delivery times, you cannot claim compensation. You cannot cancel the purchase or fail to fulfill other obligations.
Your order must be delivered within 30 days of placing it. If this doesn't happen, you can cancel the purchase immediately. This does not apply if we have agreed otherwise, or if force majeure occurs at Livomi or any third parties we engage.
Livomi tries to deliver your order in one go, but sometimes we deliver in parts.
We strive to keep the information on our website as up-to-date as possible. If an item is unavailable, we will contact you as soon as possible.
Right of withdrawal / returns / warranty
After the consumer has received the ordered items via our webshop or by e-mail, the consumer has a reflection period of 14 days.
Upon receipt, the consumer must check the items for any errors, defects, or damage. If there are any problems, please report them to us by email within 24 hours of receipt.
If the consumer is not satisfied, they can indicate within 14 days of receiving the items that they wish to return them. The withdrawal form, available on our website, can be used for this purpose. Consumers can also invoke their right of withdrawal by making a clear statement. The consumer must send the item to be returned, along with the packing slip, to Loft Mode within 14 days of submitting the form or statement. Return shipping costs are the responsibility of the consumer.
The right of withdrawal does not apply to 'hygienic' products .
If part of the order is kept, only the purchase price of the returned items will be refunded, not the shipping costs.
We will instruct the bank or credit card company used for the original order to refund the amount paid within 14 days of receiving the returned items.
The risk and burden of proof for the correct and timely use of the right of withdrawal lie with the consumer. The returned item must be returned to us with all accessories and (if possible) in its original condition and packaging. Damage not necessary for inspecting the product may be charged. Please ensure the product is properly packaged when returning it.
Consumers are entitled to a quality product that meets reasonable expectations. If there's a problem with the product's quality, we will resolve it as quickly as possible.
The warranty and right of withdrawal expire if the item has been worn, washed, if the consumer has caused damage or attempted to repair it themselves, if labels or accessories are missing, if the instructions have not been followed, or if the item was made according to the consumer's specific wishes.
Force majeur
In the event of force majeure, Livomi reserves the right to postpone the execution of an order or terminate the agreement at its discretion, without judicial intervention. Livomi will notify the customer in writing and is not obligated to pay damages, unless doing so would be unreasonable under the circumstances.
Force majeure means any situation in which Livomi cannot be held responsible for a shortcoming. This may be due to circumstances beyond their control, which cannot be attributed to them according to law, agreement, or the normal course of events.
Liability
Livomi is not liable for indirect damages. Livomi will only invoke this exclusion of liability if legally permitted.
Complaints procedure
The entrepreneur has a sufficiently well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to Livomi fully and clearly described within 7 days after the consumer has discovered the defects.
The company will respond to complaints within 14 days of receipt. If your complaint takes longer to resolve, you will receive an acknowledgement of receipt within 14 days and an indication of when you can expect a full response.
If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after filing the complaint, a dispute arises that is subject to dispute resolution.
Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.