Terms and conditions
Terms and Conditions
This website is operated by Loomii. Throughout the site, the terms "we," "us," and "our" refer to Loomii. Loomii offers this website, including all information, tools, and services available on this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website after the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Article 1 – Definitions
In these terms and conditions:
- Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
- Consumer: A natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
- Day: Calendar day.
- Continuous transaction: A distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
- Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information.
- Right of withdrawal: The option for the consumer to cancel the distance contract within the cooling-off period.
- Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
- Distance contract: An agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
- Technology for distance communication: Means that can be used for concluding an agreement without the consumer and entrepreneur being in the same room at the same time.
- General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
- Email address: Contact@getloomii.com
- Company name: Monski
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Chamber of Commerce number:
93838190
- Address: HJE Wenkbachweg 100
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to any distance agreement and orders between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent free of charge at the consumer's request.
If the distance agreement is concluded electronically, then contrary to the previous paragraph, the text of these general terms and conditions can be made available electronically in such a way that the consumer can easily store them on a durable data carrier.
If additional product or service terms and conditions apply, the second and third paragraphs apply mutatis mutandis, and the consumer may always rely on the most favorable applicable provision in case of conflicting terms and conditions.
If one or more provisions of these general terms and conditions at any time are wholly or partially invalid or voided, the agreement and these terms and conditions shall otherwise remain in effect, and the relevant provision will be replaced by a provision that closely approximates the intent of the original provision.
Situations not covered by these general terms and conditions should be assessed in the spirit of these general terms and conditions.
Article 4 – The Offer
- If an offer is valid for a limited period or is subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
- All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- The price, excluding clearance fees and import VAT. These additional costs are the responsibility and risk of the customer.
- Shipping costs, if applicable.
- The method by which the agreement will be concluded and the actions required for this.
- Whether or not the right of withdrawal applies.
- The method of payment, delivery, and execution of the agreement.
- The period for accepting the offer, or the period within which the entrepreneur guarantees the price.
- The tariff for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular base rate for the used means of communication.
- Whether the agreement will be archived after conclusion and, if so, how the consumer can access it.
- The way the consumer can check the data provided in the context of the agreement and, if necessary, correct it before the agreement is concluded.
Article 5 – The Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur may, within legal frameworks, obtain information about the consumer's ability to fulfill their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance agreement. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request, or to attach special conditions to its execution.
- Upon delivery of the product or service, the entrepreneur will provide the consumer with the following information:
- The visiting address of the entrepreneur's establishment where the consumer can address complaints.
- The conditions under which and the method by which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
- Information about guarantees and existing after-sales services.
- The information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.
Article 6 – Right of Withdrawal
- When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts on the day after the consumer, or a third party designated by the consumer, has received the product.
- During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the entrepreneur's reasonable and clear instructions.
- If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The notification must be in writing or via email. After notifying the entrepreneur, the consumer must return the product within 14 days.
Article 7 – Costs in Case of Withdrawal
- If the consumer exercises their right of withdrawal, the return shipping costs are borne by the consumer.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the product has been received back or conclusive proof of its return has been provided.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur can exclude the right of withdrawal for the following products and services:
- Products made to the consumer's specifications.
- Products that are clearly personal in nature.
- Products that cannot be returned due to their nature.
- Products that can spoil or age quickly.
- Sealed products that, for reasons of health protection or hygiene, are not suitable for return and have been unsealed after delivery.
Article 9 – The Price
- During the period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
Article 10 – Delivery and Execution
- The entrepreneur will take the greatest possible care when receiving and executing orders for products.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
Article 11 – Complaints
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
Article 12 – Governing Law
These terms and conditions and any separate agreements shall be governed by and construed in accordance with the laws of the Netherlands.
Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1.
- In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.
- The consumer is obliged to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
- If the consumer fails to meet their payment obligation(s) in a timely manner, the entrepreneur is entitled, within the limits of the law, to charge any reasonable costs previously disclosed to the consumer.
Article 14 – Complaints Procedure
- Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, it becomes a dispute subject to the dispute resolution procedure.
- A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur has stated otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
- Even if the consumer resides outside the Netherlands, Dutch law will apply.
Article 16 – Termination
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These terms of service are effective unless terminated by either you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
- If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these terms of service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
Article 17 – Entire Agreement
- The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
- Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Article 18 – Changes to Terms of Service
- You can review the most current version of the Terms of Service at any time on this page.
- We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.
- It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Article 19 – Contact Information
Questions about the Terms of Service should be sent to us at Contact@getloomii.com
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