GENERAL CONDITIONS OF SALE
Mookum is a trading name of Reddot nv, a public limited company registered under number BE0895.640.788 and with its place of business at Narcissenlaan 3, 3550 Heusden-Zolder, Belgium. Mookum is a website that sells lifestyle articles to its customers. These General Conditions apply to all contractual relationships between Mookum.com website members, hereafter referred to as 'customer' or 'you', and Reddot nv, hereafter referred to as Mookum, with its registered office at Narcissenlaan 3, 3550 Heusden-Zolder, Belgium. By placing an order or by becoming a member of Mookum you accept our conditions of delivery and payment. Unless otherwise agreed in writing, Mookum does not accept any general or specific conditions or clauses of third parties. You further confirm that you understand these General Conditions and all the used technical terms.
2. Products on the Blog, Voting and Shop
Mookum has a blog where everybody can submit ideas and feedback to Mookum. The design community can generate online new ideas for future products. Mookum acts upon the best ideas by placing them in its Voting system. Moreover, you can help compile the future brochure by voting for products. Products that receive the most votes are subsequently published in the catalogue.
Ideas uploaded to the website must be free of property rights, patents and copyrights. Responsibility in this respect rests with the person who uploads the article, idea or blog. Mookum reserves the right to remove messages and users. Therefore, you accept that the information will be viewable by third parties.
Information published on the website Blog is public domain information readable by all Internet users. The information may be found by third party search engines and associated with you beyond the control of Mookum. The user accepts that published messages will be freely available to all Internet users.
You can help to compile the future brochure by voting for products. Products that receive the most votes are subsequently published in the catalogue. A vote does not oblige you to purchase the product. However, you will receive an extra purchase discount if you voted beforehand. Mookum has no obligation to include the product in the shop. Products visible in the Blog and in the Voting section are unavailable for sale and do not form part of a commercial proposal.
All products on Mookum will be available in the Mookum shop for a certain period of time. The available products will be described as fully as possible on the website. The product characteristics will be defined as fully and as accurately as possible with the help of photographs. The photographs will be supplied by Mookum, the supplier, manufacturer or designer. Product dimensions are stated as a guide only. All goods are handmade. The customer recognises that variations may occur in colour and texture. Weights, dimensions, colours and other details given on the website are illustrative examples. The product ultimately delivered may exhibit minor deviations. However, Mookum makes every effort to produce the product as precisely as possible without variations. Minor deviations do not establish any right to cancellation. Mookum is an 'ON REQUEST' production model so as to offer you extremely attractive prices. When the sales period ends, all products will be ordered from the manufacturer or supplier.
3. Order and price
Mookum accepts orders only on the website. Before paying for the order, you will get a statement of all the costs, namely product price, shipment charges and any taxes payable.
The product price will be shown in euro, inclusive of VAT, but always exclusive of shipment charges, fuel charges and any taxes. These costs will be shown on checkout in the shop and will be stated on your order confirmation form. The stated prices and any special offers will be valid only at the time of publication on the website and are subject to change.
All delivery times will be estimated at the time you place your order. However, you will be informed by means of the website of later or earlier delivery.
Deliveries will be made while stocks last or for such time as the orders are producible by the manufacturer. A certain manufacturer or supplier may occasionally be unable to produce the product. If so Mookum will remove the product from its website as soon as possible. If a product is unavailable after you ordered it, the entire invoiced amount including shipment charges will be refunded. If the purchase was made using a gift voucher, your gift voucher will be reactivated for the same amount.
The customer has the right to cancel an order if the delivery time is not met. However, Mookum will endeavour to deliver on the desired date as far as possible. Failure to meet a delivery time does not under any circumstances entitle the customer to compensation for damage.
Deliveries will be made to the delivery address specified by the customer in his order. In principle products are deliverable only in Belgium, the Netherlands, France and Luxembourg. All products will be delivered to the first door. Goods may be delivered on a pallet. Packaging will not be taken back at the time of delivery. You will be requested to sign off on the delivery note.
The exact delivery address must be stated when placing orders. Extra costs incurred due to an incorrect or incomplete delivery address are payable by the customer. Prior to delivery the customer must inform Mookum in the comments field if the place of delivery is not easily accessible. The customer will be liable for extra costs such as lift rental, storage and extra logistical charges due to the absence of the customer and for the risk of damage due to incomplete or incorrect information regarding the delivery situation. Mookum may invoice new shipment charges if the customer is absent on the delivery day agreed with the transport firm.
If you need to change the delivery address while the order is being processed, you must inform Mookum as soon as possible via firstname.lastname@example.org. A change of address is subject to confirmation by Mookum and any extra costs will be charged. If changes are made to the delivery address after the goods have arrived in Europe#.
Unless there is evidence to the contrary, Mookum will have fulfilled its delivery obligation by once offering the deliverable goods to the customer. If delivery is to a home address, the report of the transport firm containing refusal of acceptance will constitute complete proof of offering for delivery.
Shipment charges will be calculated separately and will be stated on your order note. The shipment charges will be calculated according to weight and place of delivery.
5. Invoices and payments
Our invoices are payable on our website at the time of ordering. The goods will be placed in production on receipt of your payment. Non-payment within three working days of the order will result in rejection of the order and it will not be placed in production. A change of address does not constitute a valid reason for being unaware of the invoice or being unable to lodge a complaint on time.
Payments take place in a secure environment, i.e. the Secure Socket Layer (SSL), with encryption. All payments are processed by OGONE, one of Europe’s leaders in secure online payments. Mookum does not save any data about your online payment. You will be linked to the Ogone application to make your payment. Mookum accepts MasterCard and Visa credit cards. You can also pay online using Bancontact and HomeBanking.
6. Right of withdrawal from contract
Mookum sells quality lifestyle products. For that reason we attach great importance to quality. Under the Distance Selling Act (Sections 45 and 47 of Market Practices and Consumer Protection Act), the customer has fourteen calendar days in which to cancel the agreement without having to state any reasons. This period starts the day after delivery of the ordered goods to the consumer. The consumer must pay only the direct cost of returning the goods.
The purchase will be definitive unless the customer returns the delivered goods to Mookum within this period of time. Before returning the goods the customer must inform Mookum of the intention to do so within fourteen working days of the delivery date. For the purposes of the contract withdrawal period, Mookum will accept notification as having been made on time if it was sent in writing before expiry of this period. The customer must prove that the delivered goods were sent back by such means as a certificate of posting. The right of withdrawal does not apply to goods made to customer specifications, such as customised goods, or goods clearly of a personalised nature.
Mookum warranties that it supplies products that satisfy usability, reliability and life requirements as fairly understood by parties to a purchase agreement.
The Mookum warranty term is two years. However, Mookum declines responsibility for the ultimate suitability of the goods for each individual type of use by the customer and for any recommendations regarding usage or implementation of the goods.
The customer has an obligation to inspect the goods immediately on delivery.
Any deficiencies or any incorrectly delivered goods must and may be reported in writing up to two months after delivery. The right of complaint and return will be entirely forfeited by any usage after observation of a deficiency, damage arising after observation of a deficiency and encumbrance and/or reselling after observation of a deficiency.
Where Mookum considers the customer’s complaint to be legitimate, Mookum will at its election either replace the delivered goods free of charge or come to a written arrangement with the customer for compensation, with the proviso that the compensatory amount will be limited in each instance to not more than the amount invoiced for the goods concerned. Mookum explicitly excludes any other kind of damage, including but not confined to any type of additional compensation, reimbursement of indirect or consequential damage or damage due to lost profit. Mookum is not liable for damage caused deliberately.
The warranty will not apply:
- if and for such time as the customer has failed to meet any obligation towards Mookum;
- if the customer repaired and/or altered the delivered goods or had them repaired and/or altered by third parties;
- if the delivered goods were exposed to abnormal conditions or were in any other way treated injudiciously or contrary to the instructions of Mookum and/or the directions for use stated on the packaging;
- if the unsoundness is entirely or partially due to government requirements that have been or may as yet be imposed with regard to the nature or quality of the materials used.
Goods must be returned as new in the original packaging (including accessories and accompanying documentation). The right to dissolve the contract will be invalidated if the goods have been used, encumbered or damaged in any other way while with the customer. Subject to the provisions of the previous sentence, Mookum will within thirty days of proper receipt of the returned shipment reimburse the customer for the entire purchase price, including the shipment charges. The customer must pay the charges for sending back the delivered goods. Delivered goods will be sent back entirely at the customer’s expense and risk
You should contact email@example.com if you intend to return any products. We will assist you in ensuring that they are sent back swiftly.
9. Intellectual property rights
The contents of this website, including brands, logos, drawings, data, product names, company names, texts and images, are protected by intellectual property rights held by Mookum or by the third party that owns the rights. It is prohibited to copy, translate, edit or disseminate images (in full or in part) in any form without Mookum’s prior written consent. Full or partial copying, translating, altering, editing or distributing of such elements is strictly prohibited. Infringement of intellectual property rights may result in civil and criminal prosecution.
9.1. Guidelines for specific usage
(1) When you log on to the website as a registered user, you are required to act at all times as a conscientious member of the Mookum community. As a registered user, you may upload comments, designs and photos. You explicitly declare with regard to all and any material that you entrust to the website that:
- it does not contain any creations, images, designs, brands, logos or other elements that are protected by third-party intellectual property rights or by personality rights (such as portrait rights and reputational rights), and
- it does not in any way breach public order, morality or other third-party rights (contractual or otherwise).
As a registered user, you indemnify and hold Mookum harmless against any third-party claims arising from failure to comply with the statements made above. Mookum cannot accept liability for material that users entrust to its website.
(2) You must conclude a design agreement with Mookum if you wish to transfer a design to Mookum, for inclusion in Vote or if desired in the Shop of Mookum. This contract will define the conditions to be met by your creation, the licence that you must grant to Mookum and how you will be compensated for it.
You can request the contract via firstname.lastname@example.org and must print out two copies. If you agree to the contractual conditions, you must sign the contract in duplicate and send it to Mookum at the address stated above. Mookum cannot include any designs in the Shop before it is in possession of your signed contract. You should make sure beforehand that you can accept the conditions of the design agreement.
You may upload your design to Idea before signing the design agreement and sending it to Mookum. If you do this, you will accept the following conditions simply by uploading your design to My Idea:
(a) You confirm that your design:
– is an original design that you made;
– has not previously been made known to the public;
- does not infringe, either in its entirety or in respect of specific parts, any intellectual property rights of third parties;
- does not in any way breach public order, morality or other rights (contractual or otherwise) of third parties.
You indemnify Mookum and hold it harmless against all and any third-parties claims arising from non-compliance with the statements made above.
(b) By uploading your design in Upload My Idea, you recognise that you have exhausted your right of disclosure.
(c) You furthermore grant Reddot nv a non-exclusive user licence to reproduce the design and to disclose it to the public on the website of Reddot nv, in particular on the Voting page. This user licence will be valid worldwide for such time as the design is protected by intellectual property rights. On the Vote page, the Mookum community may place comments on your design. Publication on the Vote page does not necessarily mean that your design will be included in the Shop. You explicitly accept this as a condition.
The conditions stated above from (a) to (c) will be superseded by the design agreement once duly signed by both parties.
9.2. Intellectual property rights
(1) The concept of this website and its contents including brands, logos, trade names, illustrations, page designs, published information, product names, texts and images and also the software used for the purposes of the website are protected by intellectual property rights held by Mookum or by third parties with whom Mookum has concluded an agreement.
(2) Any kind of reproduction, dissemination, sale or other exploitation of this data is strictly prohibited without Mookum’s prior written consent. You are required to refrain from infringement of intellectual property rights of Mookum and those held by third parties.
By way of exception, it is permissible to reproduce certain elements of this website for strictly personal and non-commercial purposes. However, Mookum reserves the right to withdraw this permission at any time. At Mookum‘s request you agree immediately to end any reproduction or use.
(3) The user recognises the intellectual property rights of Mookum in the website and agrees to refrain from infringing those rights in any way.
(4) Designers who entrust designs to the website are contractually responsible towards Reddot nv for ensuring that the designs do not infringe any intellectual property rights of third parties.
If you believe that any design infringes the intellectual property rights of third parties, you should contact Mookum with a view to removal of the infringing designs. However, Mookum declines all liability for such infringements because of the impossibility to check all designs or to search actively for facts or circumstances that indicate unlawful activities.
The contents of this website (including the conditions of sale and links) may be amended, changed or supplemented at any time without notice or notification. Reddot nv does not guarantee the proper working of the website and cannot be held liable in any way for its poor working, temporary availability or unavailability or for any form of damage, whether direct or indirect, arising from access to or use of the website or any information published on it. Nor is Reddot nv responsible for the contents of third-party sites with which it creates hyperlinks, in particular with respect to the protection of privacy.
Mookum guarantees that your personal details will be treated with the utmost care and confidentiality. By opening a personal account you agree to allow us to keep certain details. These details will be saved and managed by Mookum. Mookum guarantees that the details that you provide will be processed entirely in accordance with the Act of 8 December 1992 concerning the protection of privacy. The Act gives you the right to require inspection and editing of details that concern you personally. To do so you simply have to send us an e-mail or log on to our community.
We need the details that we request from you when you become a member of our community or place an order with us in order to optimise the service that we provide to you. These details enable us to process your orders quickly and correctly. The details will also be used to offer you an individualised shopping experience and to respond better to your wishes and preferences.
A user may object free of charge at any time to the use of his details for direct marketing purposes. Users who wish to do so should contact our head office. Your personal details will be disclosed only to other companies contracted by Reddot nv for the purpose of operating the services provided to our customers. Your personal details will not been divulged to, shared with, sold to or transferred to third parties uninvolved in this service provisioning.
Mookum may gather anonymous or aggregated data of a non-personal nature such as your browser type or IP address, the operating system you use or the domain name of the website via which you entered or left our website. This data allows us permanently to optimise our website for users.
An agreement between Mookum and a customer will be established at the time when the customer places an order. Mookum will examine the feasibility of the order. Mookum reserves the right to decline orders or instructions without giving reasons.
The vendor is not liable for typographical errors or inaccuracies on the website or in technical information supplied by manufacturers.
15. Force majeure
Mookum will not be liable for non-fulfilment of commitments to the extent that it is due to force majeure. For the present purposes, force majeure means any external cause and any circumstance that in fairness does not form part of its risk. Force majeure includes in an event delays or non-fulfilment by our suppliers, Internet problems, electricity supply problems, e-mail problems and problems or changes in technology provided by third parties, transport difficulties, industrial action, government measures, delays in supplies, negligence by Mookum’s suppliers and/or manufacturers and their agents and deficiencies in tools or vehicles.
In the event of force majeure Mookum reserves the right to suspend its obligations and will further have the right to dissolve the agreement, in its entirety or partially, or to require amendment of the content of the agreement to allow its continued execution. Under no circumstances whatsoever will Mookum be under obligation to pay any penalty or compensation.
If at the time of onset of force majeure Mookum has already met or will only be able to meet some of its obligations, it will have the right to render an invoice for what has already been delivered or what is still deliverable, while the customer will be under obligation to pay the invoice as if it concerned a separate contract. However, this will not apply if what has already been delivered or what is still deliverable has no independent worth on its own.
16. Reservation of title
All goods sold and delivered by Mookum to the customer will remain the property of Mookum until such time as the customer has fully paid all debts owed to Mookum under the agreement or under similar earlier or later agreements and for such time as the customer still has debts to Reddot nv arising from the non-fulfilment of commitments including owed penalties, interest and costs, in each instance within the meaning of article 3:92 of the Civil Code.
Any dispute regarding use of this service or the application or interpretation of these General Conditions of Sale will be governed exclusively by Belgian law. The courts in the district of Hasselt will hold sole jurisdiction to hear disputes.