Terms & Conditions

Here you will find the general terms and conditions applicable when purchasing products from www.designofficechairs.com. Please read the terms and conditions carefully, as they serve to protect the consumer.

Table of Contents:

1. Article 1 – Definitions
2. Article 2 – The Entrepreneur
3. Article 3 – Applicability
4. Article 4 – The Offer
5. Article 5 – The Agreement
6. Article 6 – Right of Withdrawal
7. Article 7 – Costs in Case of Withdrawal
8. Article 8 – Exclusion of the Right of Withdrawal
9. Article 9 – The Price
10. Article 10 – Conformity and Warranty
11. Article 11 – Delivery and Execution
12. Article 12 – Duration Transactions: Duration, Termination, and Renewal
13. Article 13 – Payment
14. Article 14 – Complaint Procedure
15. Article 15 – Disputes
16. Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, with the obligation of delivery and/or purchase spread over time;
5. Durable data carrier: any means that allows the consumer or entrepreneur to store information directed personally to them in a way that future consultation and unaltered reproduction of the stored information is possible.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model withdrawal form: the model withdrawal form provided by the entrepreneur that a consumer can fill in when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: an agreement where, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, only one or more means of distance communication are used up to and including the conclusion of the agreement;
10. Technology for distance communication: a means that can be used for concluding an agreement without the consumer and the entrepreneur being simultaneously in the same space.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity

Company Information:
Miconicasa B.V.
Trade name: Design Office Chairs
www.designofficechairs.com
Zwarte Dijk 34F
7775 PB Lutten
Chamber of Commerce: 93063733
VAT Number: NL866263329B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order established between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. The customer must read the terms and conditions and approve them before placing an order. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises, and they will be sent free of charge at the consumer’s request as soon as possible.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs will apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these conditions will otherwise remain in effect, and the relevant provision will be replaced in mutual consultation by a provision that approximates the intent of the original as much as possible.
6. Situations not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions or, if applicable, those specific to products or services.
7. Any ambiguities about the interpretation or content of one or more provisions of these terms and conditions should be explained in the spirit of these general terms and conditions.

Article 4 – The Offer

1. If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer. Offers and discounted products are subject to availability, and no expiration date can be provided in such cases.
2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
3. The offer includes 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 errors or mistakes in the offer are not binding for the entrepreneur. Minor adjustments made to improve the quality of products or services, which may not be clearly visible in the images, do not bind the entrepreneur as long as the adjustment can be reasonably justified and described.
4. All images and specifications provided in the offer are indicative and cannot be grounds for claiming compensation or dissolving the agreement.
5. Product images are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer contains sufficient information to make clear to the consumer what the rights and obligations are if the offer is accepted. This includes, in particular:
   1. The price, including taxes;
   2. Any applicable shipping costs;
   3. The method by which the agreement will be established and the necessary steps involved;
   4. Whether or not the right of withdrawal applies;
   5. The method of payment, delivery, and execution of the agreement;
   6. The period during which the offer can be accepted, or the period within which the entrepreneur guarantees the price;
   7. The rate for distance communication if it is charged on a basis other than the regular base rate for the communication method used;
   8. Whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
   9. The manner in which the consumer can check and, if necessary, correct the data provided as part of the agreement before concluding it;
   10. The possible other languages in which the agreement can be concluded besides Dutch;
   11. The codes of conduct to which the entrepreneur has committed and how the consumer can access these codes electronically;
   12. The minimum duration of the agreement in the case of a long-term transaction.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of the consumer’s acceptance of the offer and compliance with the associated conditions.
2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance electronically. Until the entrepreneur confirms this receipt, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures.
4. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet his payment obligations, as well as any facts and factors relevant to responsibly concluding a remote agreement. If, based on this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to its execution.
5. The entrepreneur will provide the consumer with the following information, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
   1. The visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
   2. The conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded. The process for requesting the right of withdrawal is found in these general terms and conditions, which will also be emailed to the consumer after placing the order;
   3. Information about guarantees and existing after-sales services. The process for claiming warranty rights is outlined in these general terms and conditions, which will also be emailed to the consumer after placing the order;
   4. The details mentioned in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
   5. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned. If products are unavailable, the entrepreneur will inform the consumer within seven working days and offer reasonable solutions, including the possibility of dissolving the order. Costs incurred by the consumer for the dissolution cannot be recovered from the entrepreneur.

Article 6 – Right of Withdrawal

1. When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within 14 days. This reflection period begins the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, receives the product.
2. During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If the consumer exercises his right of withdrawal, he will return the product, including all accessories, and if reasonably possible, in the original condition and packaging, to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur. These instructions are available on the return & cancellation page located in the footer at the bottom of the website.
3. If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur within 14 working days after receiving the product. The consumer must notify the entrepreneur via the model form available on the website. After notifying the entrepreneur, the consumer must return the product within 14 working days. The consumer must provide proof that the goods have been returned on time, for example, with a shipping receipt. Additionally, the consumer can request the return process through the entrepreneur, where possible. Any costs incurred for this service may be deducted from the refund of the products. The entrepreneur is not obligated to organize the return process and cannot be held responsible for it or for any costs incurred by the consumer.
4. If the consumer has not notified the entrepreneur of his wish to exercise the right of withdrawal within the periods mentioned in paragraphs 2 and 3, or if the product has not been returned to the entrepreneur, the purchase is final.

Article 7 – Costs in the event of withdrawal

1. If the consumer exercises their right of withdrawal, the costs of return shipping and any costs for replacing the packaging will be borne by the consumer. The responsibility for returning the product lies with the consumer. Should any damage occur during transport, and this damage was not reported prior to returning the product(s), the entrepreneur may recover these costs from the consumer and/or deduct them from the refund of the products.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, this is subject to the condition that the product has already been received by the online retailer or that conclusive proof of complete return can be provided.
3. If a payment option was used that involved separate additional costs, which are also listed separately on the invoice, these costs will be deducted from the credit total when refunding the products.

Article 8 – Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   1. that have been manufactured by the entrepreneur according to the consumer’s specifications;
   2. that are clearly personal in nature (read: custom-made or customized products);
   3. that by their nature cannot be returned;
   4. that spoil or age quickly;
   5. whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence, such as offers and discounted products;
   6. for individual newspapers and magazines;
   7. for audio and video recordings and computer software where the consumer has broken the seal;
   8. for hygiene products where the consumer has broken the seal.

Article 9 – The price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates or the termination of offers and price reductions.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market or variable prices. This dependence on fluctuations and the fact that any mentioned prices are indicative prices will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
   1. they are the result of statutory regulations or provisions;
   2. the consumer has the authority to terminate the agreement with effect from the day the price increase takes effect;
   3. the offer has ended while the order/purchase was already made via bank transfer but before the payment was completed.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for normal use only.
2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur based on the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing or by email within 2 business days after delivery. Products must be returned in their original packaging and in a new condition.
4. The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
   1. The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
   2. The delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the instructions of the entrepreneur and/or have been treated in a manner not consistent with the packaging;
   3. The defect is entirely or partially the result of government regulations regarding the nature or quality of the materials used.
   4. All wooden parts are subject to a limited warranty. This warranty only covers manufacturing defects. The natural behavior of wood is excluded from this, as it is not a defect in the product or production but a characteristic of the material. “Wood behavior” refers to the expansion, shrinkage, cracking, and/or warping of wood. Wood remains a natural product and absorbs and releases moisture. The extent to which this happens depends, among other things, on temperature differences and humidity. Wood will behave less if the humidity remains at a relatively constant level, where we recommend a humidity level between 50% and 60%, with a 10% decrease in winter and a 10% increase in summer.
6. Transport costs for sending products to the entrepreneur for warranty purposes are at the consumer’s expense and may be invoiced to the consumer by the entrepreneur.

Article 11 – Delivery and Execution

1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to Miconicasa BV.
3. Subject to the provisions in Article 4 of these general terms and conditions, Miconicasa BV will execute accepted orders with due haste, unless the consumer has agreed to a longer delivery time. If delivery is delayed, or if an order cannot be fully executed, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement without incurring any costs.
4. In the event of cancellation as per the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 30 days after cancellation.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The options for substituting replacement products will be presented to the consumer in advance. The option to cancel the purchase will also be offered.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and notified representative, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Extension

Termination

1. The consumer may terminate an agreement that is entered into for an indefinite period and that is aimed at the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement that is entered into for a fixed term and that is aimed at the regular delivery of products (including electricity) or services, at any time, at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs:
   1. at any time and is not limited to termination at a specific time or within a specific period;
   2. at least terminate in the same manner as they were entered into;
   3. always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

1. An agreement that is entered into for a fixed term and that is aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
2. Notwithstanding the previous paragraph, an agreement that is entered into for a fixed term and that is aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum fixed term of three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement that is entered into for a fixed term and that is aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in the event the agreement is aimed at the regular delivery of daily, news, and weekly newspapers and magazines, but less than once a month.
4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment

1. Unless agreed otherwise, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
2. The consumer is obligated to promptly report any inaccuracies in provided or stated payment details to the entrepreneur.
3. In the event of default by the consumer, the entrepreneur has the right to charge reasonable costs communicated in advance to the consumer, subject to legal limitations. The entrepreneur may also charge the consumer the legally permitted interest after the legally established period of 45 days.

Article 14 – Complaints Procedure

1. The entrepreneur has a sufficiently disclosed complaints procedure and will handle complaints in accordance with this complaints procedure. Complaints can be submitted via email and mail and, where reasonably applicable to the complaint, by phone.
2. Complaints regarding the execution of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has detected the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In the case of complaints, the consumer must first turn to the entrepreneur. If no solution is reached, the consumer has the option to have their complaint handled by an appointed independent disputes committee, whose ruling is binding, and both the entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to report complaints via the European ODR platform.
6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
7. 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

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Disclaimer:

The possible use of brand names is solely to describe the product and to create an image of the product, and therefore cannot be linked to actual products. The names of brands associated with these designs are also not identical to the product range offered by Design Office Chairs. This must be taken into account when ordering/purchasing the products. Design Office Chairs cannot be held liable for the non-delivery of products associated with a brand name.