Terms & Conditions
This website is operated by Mikoala - SleepingWise, Dutch Koala BV The Netherlands - EUROPE ("Mikoala").
Your use of this website is based on these terms and conditions – please take a few minutes to review them. Your use of the mikoala website represents your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, please do not use our website.
TERMS AND CONDITIONS MAY CHANGE
Mikoala has the right to update or modify these terms and conditions at any time without prior notice. Your use of the website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this website.
We try to ensure that the information posted on our website is correct and up-to-date. Although we take every measure to ensure the website is up-to-date, we do not guarantee the correctness, thoroughness or completeness of any of the information available on the website and will not be held liable for any inaccuracy or omission concerning any of the information.
PRODUCT INFORMATION
Prices of goods and services and delivery and other charges displayed on the web site are current at the time of display. These prices are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the web site is accurate, complete, reliable, current or error free.
PLACING ORDERS AND ACCEPTING ORDERS
Orders will not be dispatched until payment in full has been received and we're satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, we are not responsible for any loss or damage caused by late delivery or cancellation of an order or a product. Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
CANCELLATION ORDER
We reserve the right not to provide goods or services, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.
DELIVERY
Delivery times vary depending on your location. Orders are usually sent on the next business day.
The cost of postage is calculated at the checkout based on weight and your postal address. You can see the postage amount calculated before you finalize your purchase. Just put the item(s) in your basket and proceed to the check out. Mikoala has the right to choose any carrier to ship products. It is in our customer's best interest.
If you pay by credit card we will take the following precautions due to credit card fraud.
- We will only ship to select countries.
- We will not deliver to any other address other than the person placing the order.
- We only ship to physical addresses where we can verify the occupant is the same as the person whose name appears on the credit card.
If nobody is there to collect the parcel, a calling card should be left and you will need to go to the local Post Office to collect the goods. Please contact your local Post Office first and see if they have any goods waiting for collection before you contact us.It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
It is the responsibility of the customer to inform us if an order does not arrive. Once we learn an order has not arrived, we will lodge inquiries with our delivery partners to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not dispatch a replacement item until we have resolved the problem. Replacement items will be dispatched according to our discretion. As a guide only, our couriers attempt to deliver during business hours (between 9am and 5pm). Unfortunately, we are unable to give a guaranteed exact time of delivery.
You agree that when our courier partner is satisfied that the order has been delivered, delivery of the order has taken place within the terms of the agreement between you and us.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancel an order unless otherwise agreed. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
RETURNS
If you're not completely satisfied with your purchase within 42 days of delivery, contact us and return the product to our distribution center (Netherlands-Europe), we will give you a full refund. Shipping charges are not refundable and Mikoala has the right to refuse returns at our discretion. Products that are returned empty or products that have been damaged or tampered with will not be accepted. All refunds will be refunded to your original payment method.
COPYRIGHT NOTICE
All of the Content you see and hear on this website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Mikoala or its subsidiaries. Mikoala® is a registered trademark of Dutch Koala BV. The entire Content of this website is copyrighted as a collective work under copyright laws.
The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of the website. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Mikoala reserves the complete title and full intellectual property rights in any Content you download from this website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Mikoala.
If you suspect copyright or trademark infringement please send us a notice.
SUBMISSIONS/TESTIMONIALS
We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Mikoala shall be and remain the exclusive property of Mikoala. Your submission of any such Comments shall constitute an assignment to Mikoala of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Mikoala will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, or original artwork.If you submit to us a testimonial, including, without limitation, testimonials about our products or services, such submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a testimonial to use, you: (i) represent and warrant that the testimonial is original to you, that no other party has any rights thereto, and that any "moral rights" in such testimonial have been waived, and (ii) you grant us a royalty-free, unrestricted, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such testimonial (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name. All testimonials found on this website are for the exclusive use of Mikoala and are not to be reproduced or copied in any way.
DISCLAIMERS
This website is operated by Mikoala on an "as is," "as available" basis, without representations or warranties of any kind. To the full extent permitted by law, Mikoala, and its subsidiaries (collective, "Mikoala" disclaim any and all representations and warranties with respect to this website and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use.
Without limiting the foregoing, Mikoala does not represent or warranty that the information on this website is accurate, complete, reliable, useful, timely or current or that this website will operate without interruption or error.
Without limiting the foregoing, Mikoala disclaims any liability as to the accuracy or completeness of each item description.
Mikoala does not endorse nor make any warranties or representations about the options or other service or data you may access, download or use as a result of the use of the information contained on this website, or about any website you may access through this site. Links to other site are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.
Mikoala assumes no risk or responsibility for your use or any of the content provided on this website.
LIMITATION OF LIABILITY
Under no circumstances, shall Mikoala or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use or inability to use this website.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortuous action, even if an authorized representative of Mikoala has been advised of or should have known of the possibility of such damages.
If you are dissatisfied with this website or any content on the site, of with their terms and conditions, you may discontinue using the website. You acknowledge, by your use of this website, that your use of the site is at your own risk.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Mikoala under such circumstances for liabilities that otherwise would have been limited shall not exceed one dollar.
ENFORCEMENT OF TERMS AND CONDITIONS
By accessing and using this website, you agree that your access to and use of this website is subject to these terms and conditions, as well as all applicable laws.