LoyalBrand Terms and Conditions
Before we get started
Below you will find a comprehensive overview of our Terms and Conditions in relatively formal language. Therefore, before we get started we want to give you a plainly worded impression of LoyalBrand’s philosophy with regards to customer service. The ‘Wet Koop op Afstand’ (remote purchasing consumer protections) are applied generously by LoyalBrand.
A purchase can be returned within 14 days of delivery. Send us an email at firstname.lastname@example.org and we will schedule an appointment to pick up the product in question. Usually this can be arranged within a few days. The full amount of your purchase will be refunded within a few days after the pick-up. The refund will be transferred to the account that was used for the initial purchase. Return of the original packaging is not required in the Netherlands. Returns from outside the Netherlands will need to be send back at your own cost. We will inspect and retrieve the product personally and provide you with a receipt.
A refund will be issued a few days after the pick-up or return has been completed. Of course, refunds apply only for orders where payment was made in full prior to delivery. We take service seriously and will do everything to make sure you’re satisfied. This includes a hassle-free returns and refund policy. LoyalBrand has 5 star reviews only and that level of service should also extend to customers that are not satisfied with their Herman Miller office chair (and wish to return it).
What cannot be returned?
Regrettably, not every product can be returned. For instance, products that are specially made for one customer. This applies mainly to Herman Miller chairs that have been customized using the configurator.
The ‘Wet koop of afstand’ (remote purchasing consumer protections) do not apply to corporate or commercial clients. Businesses are of course welcome to purchase products on www.loyalbrand.eu but their purchases do not fall under the right of withdrawal. The ‘wet koop op afstand’ applies to consumers only. However, befitting of the brand our goal is to provide excellent service for businesses as well as consumers. Commercial clients and business can always contact us for support and can expect flexibility with regards to returns, especially where stock models are concerned. Simply send an email to email@example.com and we will try to find a solution.
And now for the formal Terms and Conditions:
Applicability of Terms
1.1 These Terms and Conditions apply to – and are inextricably bound to – all offers, quotes and agreements as they relate to products of any kind supplied by LoyalBrand B.V. located in Bergen North Holland or the ‘user’ (as LoyalBrand shall be referred to from this point on in the Terms and Conditions) unless deviating terms have been explicitly agreed upon elsewhere and confirmed by us in writing.
1.2 In these Terms and Conditions the term ‘client’ refers to any individual or legal entity who purchases or orders goods from the user.
1.3 These Terms and Conditions can be deviated from only when express permission is granted by the user in writing.
Establishment and amendment of agreements
2.1 All offers and quotes provided by the user, regardless of form, are non-binding unless the offer includes a deadline for acceptance. Firstly, a written order confirmation by the user or actual execution by the user establish an agreement.
2.2 All indications in offers, quotes, agreements or appendices such as images, illustrations, measurements, weights, yields and colors and properties of supplied samples are only an indication. Minor deviations are not a financial liability or risk for the user.
2.3 Obvious errors, oversights or typos in offers made by the user exempt her from fulfilment obligations and/or the obligation to pay damages, including after establishment of the agreement.
Execution of the agreement
3.1 Delivery is carried out through local carriers. Should the client refuse delivery on the agreed upon time or is negligent with regards to providing information or instructions that facilitate delivery, the user is justified in charging a fee for storage of the product on the client’s behalf, this includes any risks that arise from storage of the product.
3.2 Immediately after delivery, the products fall under the client’s responsibility.
3.3 When both parties explicitly agree upon transport being carried out by the user, both cost and the risks associated with either loss or damage during transport are at the expense of the client.
3.4 Statements related to delivery times in offers, quotes, agreements or otherwise by the user are made to the best of her ability and will be adhered to as much as possible. However, these estimations are not binding.
4.1 All prices are in euro’s and include VAT.
4.2 Prices that are part of an offer made by the user are reflective of prices as they were during the time the offer was made or confirmed via the LoyalBrand online store.
5.1 Payment can be made either up front or within 7 days of the invoice date. The client is not entitled to settle outstanding claims with amounts charged by the user.
5.2 User reserves the right to charge for (to be) delivered products per partial delivery.
5.3 Payment is made by transfer to an account that is designated by the user. User reserves the right, both before and after establishment of the agreement, to confirm assurance of payment or payment up front under penalty of suspension of execution of the agreement by the user until assurances are made and/or payment up front is received by the user. If payment up front is refused by the client, the user reserves the right to annul the agreement and the client is responsible for any damages that arise as a result of that annulment.
5.4 The user reserves the right to suspend delivery of products that relate to an established agreement until all payments owed by the client to the user are made in full.
5.5 When payment is not completed in the agreed upon time frame, the client is legally in default without the need for a notice of default. The client is from that moment on indebted to the user the statutory commercial interest as can be found in article 6:119a BW.
5.6 In the event that no payment has been received after expiration of a written notice, the client will owe a penalty equal to 10% of the principal amount owed by the client to the user, including VAT. Regardless of whether the user had to incur extrajudicial collection costs, the user reserves the right to claim compensation.
5.7 Regardless of other rights of the user under this article, the client is obliged to reimburse the user for the collection costs that the user has had to incur and which go further than the sending of a single summons or the submission of a (not accepted) settlement proposal, the obtainment of simple information or the compiling of a file. These costs are determined on the basis of the guidelines applicable at that time under Dutch law.
5.8 The applicability of article 6:92 BW is excluded with regard to the penalty clause included in this article.
6.1 If the user provides the client with a warranty with regards to the work or products delivered or to be supplied by the user, the user will explicitly inform the client of this warranty in writing. The product warranty on Herman Miller office chairs is twelve years.
6.2 If a warranty claim made by the client is justified, the user will repair the products to be delivered – at the user’s choice – or deliver them as agreed, unless this would have become demonstrably pointless for the client. If the user notifies the client that she will proceed to repair, the client will make the delivered products available to the user at expense and risk of the client.
6.3 Any warranty obligations of the user lapse if errors, defects or imperfections with regard to those items are the result of incorrect, careless or incompetent use or management of the delivered items by the client or third parties engaged by the client or if these are the result of one of the external causes such as fire or water damage, or if the client or a third party has made changes or has had them make changes to the goods delivered by the user without the user’s consent.
7.1 Any complaints about a product delivered by the user must be immediately communicated by the client to the user in writing and with clear reasoning. If 7 days have passed after delivery of the product, the customer can no longer justify a complaint, unless the defect would not have been perceptible at the time of delivery during a careful and timely inspection. In that case, the client must inform the user of the defect in writing, stating reasons, within 7 days after the defect has become known or could have been known to the client.
7.2 The client has the right to return goods within 14 days that have been designated as a stock product. User initiates a pick-up of the product by appointment. After receipt of return shipments, the purchase price will be refunded to the client within 4 days.
7.3 If the client makes any agreed upon warranty claims, but that appeal subsequently proves to be unjustified, the user has the right to charge the client for the work and costs associated with investigation and repair that resulted from that appeal in accordance with its usual rates with a minimum of € 100.00.
Retention of title
8.1 All products to be delivered and delivered by the user remain the property of the user under all circumstances as long as the user is owed any of the following by the client: in any case the purchase price, extrajudicial costs, interest, fines and any other claims as referred to in Article 3:92, paragraph 2 BW.
8.2 The client is obliged to keep the products delivered under retention of title with due care and as recognizably the property of the user.
8.3 The client is not authorized to pledge, otherwise encumber or transfer in whole or in part the products delivered under retention of title, as long as the ownership thereof has not been transferred to the client, to third parties, except insofar as this transfer is carried out in the course of the usual business activities of the client.
8.4 If the client fails to fulfill its payment obligations towards the user or if the user has good reason to fear that the client will fail in those obligations, the user is entitled to take back the goods delivered under retention of title. The client will cooperate and grant the user free access at all times to its sites and / or buildings to inspect the goods and / or to exercise the rights of the user. After repossession, the client will be credited for the market value, which can in no case be higher than the original price that the client agreed with the user, minus the costs that arise for the user from repossession.
Dissolution and termination
9.1 The client is deemed to be in default if the client does not fulfill any obligation under the agreement or does not comply in time, as well as if the client does not comply with a written reminder to fully comply with it within a set reasonable period of time.
9.2 In the event of default of the client, the user is entitled, without any obligation to pay compensation, and without prejudice to its rights, to dissolve the agreement in whole or in part by means of a written notification to the client and / or to claim the amount owed by the client to the user in its entirety and / or invoke the retention of title.
9.3 User reserves the right to dissolve the agreement with immediate effect if the client applies for suspension of payment or bankruptcy (or is filed against the client) or if all or part of the client’s assets are seized. All invoiced amounts are then immediately due and payable. user will never be obliged to pay any compensation because of this termination.
10.1 User is not liable if a shortcoming is the result of force majeure. During the period in which there is force majeure, the obligations of the user are suspended. If the period in which the user’s compliance with the obligations is not possible due to force majeure lasts longer than three months, both parties are entitled to dissolve the agreement without judicial intervention and without any obligation to pay compensation in this respect.
10.2 The term ‘force majeure’ as referred to in this article in any case includes unforeseen circumstances, also of an economic nature, which have arisen through no fault or action of the user, such as, amongst others: serious malfunction in the company, forced reduction of production, strikes and lockouts, both at user and at supply companies, war, hostilities, state of siege, mobilization, either in the Netherlands or in any other country where any establishments of the user or of supply companies are located, delays in transport or delayed or incorrect delivery of goods or materials or parts by third parties, including the user’s suppliers.
10.3 If the user has already partially fulfilled its obligations upon the commencement of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the client is obliged to pay this invoice as if it concerned a separate agreement.
11.1 User is only liable for damage suffered by the client if and insofar as this damage is the direct result of intent or deliberate recklessness on the part of the user or its managers.
11.2 The total liability of the user will in all cases be limited to compensation for direct damage, whereby the total amount to be paid by the user to the client by virtue of any reversal obligations and compensation of damage will never exceed the maximum amount of the for that agreement stipulated price (excluding VAT).
11.3 User is not liable for damage if and insofar as the client has insured himself or could reasonably have taken out insurance against the damage in question.
Disputes and applicable law
12.1 If there is uncertainty about the interpretation of one or more provisions of these Terms and Conditions, the interpretation of that provision or those provisions must take place ‘in the spirit’ of these Terms and Conditions.
12.2 Dutch law applies to agreements that are made with the user. Foreign legislation and treaties including the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Sales Convention) is excluded.
12.3 Any disputes relating to this agreement or arising from this agreement will in the first instance be settled exclusively by the competent court in the district where the user is established at the time the agreement is made.