Luxembourg terms & conditions
GENERAL CONTRACTING TERMS AND CONDITIONS OF IKEA BELGIUM N.V.
Definitions: (1)
Adult - A natural person aged 18 years or over
Refund voucher - Magnetic card on which IKEA loads a sum of money and that can be used by the Customer to exercise his or her right of exchange
Gift Card - Magnetic card on which the Customer can load a sum of money to buy Products
WER Belgian Code of economic law of February 28th, 2013
Customers - Both consumers and enterprises that enter into an agreement with IKEA
Special Terms and Conditions - Terms and conditions with regard to a specific subject or Product, which exist alongside and additional to these General Contracting Terms and Conditions
Consumer - Any natural person who acts for purposes that fall outside his or her trading, business, artisanal or professional activities and who enters into an agreement with IKEA
Remote Agreement- Agreement of sale entered into between IKEA and the Customer within the framework of an organised system for remote sale or service provision without simultaneous physical presence of IKEA and the Customer and by which, up to and including the moment when the agreement is entered into, use is made solely of one or more remote communication technologies (e.g. Click & Collect on the Website, ordering by phone)
Exchange - Exchanging a Product for another Product in the IKEA range; the Customer receives a Refund Voucher
Enterprise - Any natural person or legal entity that pursues an economic object in a sustainable way, as well as its associations, and enters into an agreement with IKEA
Force majeure -
any circumstance that is foreign to and independent of the reasonable will of IKEA and the occurrence and consequences of which could not reasonably have been foreseen by it;
Force Majeure includes but is not limited to:
- Disruptions / interruptions of the Website, of telecommunication and/or payment services that are foreign to and independent of the reasonable will of IKEA and the occurrence and consequences of which could not reasonably have been foreseen by it;
- Strikes, lockouts or other social conflicts, including conflicts at the Subcontractor and/or telecommunication / postal services;
- A major amendment to the applicable laws regarding the Products offered for sale;
- The ceasing of the production of Goods by the manufacturer (if the manufacturer is not IKEA).
Specific Warranty - Additional warranty offered by the manufacturer or IKEA with a scope and duration that differs depending on the Good offered
IKEA - IKEA BELGIUM NV with registered office at Weiveldlaan 19, 1930 Zaventem, VAT number LU30914043; contact [email protected]; Account number: BE05 310 057 07 37 75 SWIFT: BBRUBEBB
Store(s) - IKEA store(s) located in Belgium
Goods - The physical movable objects that are sold by IKEA (such as dinner services, chairs, tables, sofas and kitchenware)
(Custom) Goods - Goods that are manufactured on the request of the Customer and to the wishes of the Customer (e.g. custom worktop)
Pick-up Point(s) - Places established by IKEA located in the Grand Duchy of Luxembourg where ordered Goods can be picked up or returned, run by a third party that hands over and/or takes back Products to Customers on behalf of IKEA.
Total Price - The total price to be paid by the Customer, which includes: the costs of delivery, the value added tax (VAT) and all other taxes
Products- Means both (Custom) Goods and Services or, where applicable, one of the two
Cancellation - Cancelling the agreement without giving a reason; the Customer receives a full refund
Service - Any service provided by IKEA and/or its Subcontractors within the scope of the professional activity of IKEA or in performance of its object as set down in its articles of association (such as assembling furniture and delivering furniture)
Website - www.ikea.com/be
Subcontractor -Partnership that delivers Services and/or Goods to the Customers on the instruction of IKEA (such as transporters and kitchen fitters)
2.2. Delivery term and date Introduction, general:
- These General Contracting Terms and Conditions apply to all agreements entered into with IKEA. By entering into an agreement, the Customer accepts that these General Contracting Terms and Conditions constitute an integral and indissoluble part of it.
- These General Contracting Terms and Conditions and any Special Terms and Conditions can only be departed from on the basis of an explicit, written acceptance hereof by a person who is authorised to represent IKEA. An adjustment to the current General Contracting Terms and Conditions can never follow from any lack of response or protest from IKEA.
- Lastly, information brochures, practical guidelines and other information are also distributed by IKEA. In the event of a discrepancy between such documents and these General Contracting Terms and Conditions, the provisions of these General Contracting Terms and Conditions will always prevail.
1. Orders and agreements: General
An order can be placed in one of the Stores of IKEA or by means of a Remote Agreement. It is always assumed that the Customer orders the Products for normal private use and not for professional use.
An order only leads to an agreement:
- if a numbered purchase order or confirmation email is issued by IKEA and handed over or sent to the Customer; and
- if the Total Price has been paid.
Payments can be made in cash (in the Store), using a certified bank cheque, with an Eco Pass or Lunch Pass (for certain Products) or using an IKEA Gift Card or Refund Card or a credit or debit card (see the list of accepted credit and debit cards on the Website of IKEA). The Customer is solely responsible for ensuring there are sufficient liquid assets on his or her credit or debit card (check the limits of the credit card).
IKEA is entitled to sell Products exclusively to end-users. End-users may be natural persons or legal entities. IKEA is obliged to proactively prevent the resale or other transfer of Products outside the franchise system to which it belongs. Where IKEA suspects that Customers purchase Products with the intention of reselling or otherwise transferring them, IKEA reserves the right to ask Customers to identify themselves, refuse orders, cancel any accepted orders and/or refuse to execute them.
The foregoing applies whether it concerns individual Products or in bulk and whether it takes place within Belgium or abroad. These franchise rules apply worldwide and in the same way to all franchisees, regardless of their size, location or business structure.
2. Delivery and transfer of ownership and risks
2.1. Delivery options
After payment of the Total Price, the Customer takes possession of the Products:
when purchasing in a Store:
- by immediately taking the Goods home;
- by having the Goods delivered to a Store or a Pick-up Point in the Grand Duchy of Luxembourg at a later date and picking up the Goods there;
- by having the Products delivered by IKEA or its Subcontractor to an address in the Grand Duchy of Luxembourg as requested by the Customer.
- when purchasing under a Remote Agreement:
- by having the Goods delivered to a Store or a Pick-up Point in the Grand Duchy of Luxembourg at a later date and picking up the Goods there;
- by having the Products delivered by IKEA or its Subcontractor to an address in the Grand Duchy of Luxembourg as requested by the Customer.
2.2. Delivery term and date
A delivery term of eight weeks applies to all Products. This term may differ if this is explicitly agreed when the order is placed. The term begins on the day following the day of purchase.
IKEA shall notify the Customer of a delivery date immediately when the order is made or at a later time. For an assembly and fitting Service, the Customer will be contacted by the Subcontractor within 48 hours of ordering the Service to set a delivery date by mutual agreement. IKEA shall use best efforts to ensure the shipment and delivery are performed as punctually as possible. However, the delivery date is approximate and IKEA is not legally bound by it (subject to the imperative provisions of applicable laws). IKEA shall notify the Customer as soon as possible if this date cannot be made.
In a Remote Agreement by which more than one Good is ordered, the Goods may be delivered on different dates, depending on the size of the Goods and the way they are sent, but all Goods shall be delivered within the delivery term of eight weeks.
If IKEA does not fulfil its obligation to deliver Products in a timely way, the Customer should ask IKEA to make the delivery within an additional term. If IKEA fails to deliver the Products within this additional term of 30 days, the Customer is entitled to cancel the agreement and IKEA shall immediately refund the Customer all sums paid under the agreement, plus the statutory interest.
2.3. Shipment and Delivery
If Products are sent to a specific address in the Grand Duchy of Luxembourg, it is because the Customer has requested this. If the Customer disputes having given any such instruction, he or she must prove this. The Customer shall ensure that he or she is able to take receipt of the Products on the day of delivery. Powers of attorney may be given to Adults. The person present at the place of delivery in the Grand Duchy of Luxembourg who takes receipt of the Products is assumed to have received such a power of attorney.
If the Products cannot be delivered because the Customer refuses to take receipt of them, all additional transport costs are payable by the Customer, unless he or she can prove that the Goods offered were damaged and/or the Products were not in accordance with the order and so he or she was justified in not taking receipt of them.
All shipments and deliveries are charged at the shipping and delivery rates of IKEA (see the Website of IKEA) and paid for in advance by the Customer. These rates apply in normal circumstances and for delivery to the ground floor, unless explicitly stated otherwise on the purchase order or in the confirmation email. A surcharge will apply to deliveries requiring the use of a furniture lift, even if this is not specified at the time of the order.
If any additional surcharge that is owed (e.g. for the use of a furniture lift) has not been paid by the time of delivery, the Goods may not be delivered. They will be taken away by the Subcontractor and the transport costs will be payable by the Customer.
2.4. Transfer of ownership and risks
The ownership of the goods is transferred from IKEA to the Customer when the Total Price is paid.
The risks of loss and damage of the Goods are transferred from IKEA to the Customer:
- after the payment in the event of a purchase in a Store of a Product that is immediately taken away; or
- at the time of the physical delivery, regardless of the method of purchase, if the Products are delivered at a later date (at a Store, Pick-up Point or address in the Grand Duchy of Luxembourg that is provided by the Customer).
3. Policy on the exchange and cancellation of the purchase of Products (jointly referred to as ”Generous IKEA exchange and return policy”)
3.1. General
3.1.1.Term
Goods (customised)
General
In principle, the Customer may cancel the purchase of Goods or exchange the Goods:
- in the event of a purchase at a Store, within 365 days of receiving the Goods;
- in the event of a Remote Agreement, within 365 days of receiving the last Good that belongs to the order concerned.
With regard to Custom Goods, the Customer may exchange the order within 365 days of receiving the last Custom Good that belongs to the order concerned.
IKEA FAMILY
IKEA FAMILY members can cancel or exchange the purchase of Goods and exchange their Custom Goods without limit of time (lifelong) provided they used an IKEA FAMILY card when making their purchase and present the same card when they wish to exchange or cancel the purchase.
Services
Subject to the provisions of 3.2.2., the Customer can cancel or exchange the agreement for Services regardless of whether he or she is an IKEA Family member, without giving any reasons, within 14 days:
- if the Service is ordered separately (e.g. assembly is ordered at a later date independent of the purchased Good), starting from the day after the agreement was entered into or the Service was delivered; or
- if the Service is ordered together with a Good (e.g. a cabinet and its delivery are purchased at the same time), starting from the receipt of the last Good that belongs to the order concerned.
3.1.2. Procedure
The Customer can make it known that he or she wishes to cancel or exchange the purchase by:
- sending an email to [email protected];
- filling out the appropriate form that will be available on the Website;
- or going to the customer service at a Store.
3.1.3. Conditions
Goods shall only be refunded by IKEA if they are not damaged more than needed to determine their nature, characteristics and functioning and provided the original proof of purchase is presented (receipt or delivery note).
If the aforementioned conditions applicable to the right to exchange and cancel are not met in full, IKEA reserves the right to:
- reject the return and not pay a refund, and/or
- offer a Gift Card; and/or
- reduce the amount of the refund if the Goods have suffered a reduction in value that is the consequence of actions that go beyond what is needed to determine the nature, characteristics and functioning of the Goods.
3.2. Departures from and exceptions to the right to cancel and/or exchange
3.2.1. Departures with regard to terms
Contrary to the preceding, for the purchase of one or more matrasses that have already been used, a period of 90 days – rather than 365 days – applies in which the agreement can be cancelled or the right to exchange exercised, commencing on the day following the day of purchase of the matrass(es).
3.2.2. Exceptions to the right to cancel and/or exchange
With regard to the provision of Services, the Customer cannot cancel the agreement after the Service has been provided in full, insofar as he or she explicitly agreed to the execution of the Service and acknowledged that he or she would lose the right to cancel as soon as IKEA performed the agreement in full. IKEA shall refund any sum received for Services that were not provided before the right to cancel was exercised.
Without prejudice to the other exceptions to the right to cancel as provided for by the WER, the Customer cannot exercise any right to cancel if the agreement concerns Custom Goods (e.g. custom worktops).
3.3. Consequences of exercising the right to cancel and/or exchange
3.3.1. Return of Products
The Customer who makes it known that he or she wishes to exercise his or her right to cancel or right to exchange has the following options for returning Products to IKEA:
- regardless of the method of purchase, the Customer brings the Goods and/or the purchase order for the provision of Services to any Store of IKEA in Belgium at his or her own expense within 14 days of notifying IKEA that he or she wishes to exercise his or her right to cancel or exchange;
- regardless of the method of purchase, the Customer asks for the Goods to be picked up by IKEA at a specific pick-up address in this case, within 14 days of notifying IKEA that he or she wishes to exercise his or her right to cancel or exchange; in the third case, compensation is due by the Customer equal to the charge that would be payable for delivery of such Goods in the Grand Duchy of Luxembourg (as the same distance will be covered, although this is now to pick up Goods rather than to deliver them); the Customer undertakes to provide IKEA with all useful information on the characteristics of the pick-up address in the Grand Duchy of Luxembourg (e.g. from which floor the Goods in question must be picked up, the presence of any narrow doorways, etc.), and to ensure that the location where the Goods must be picked up is sufficiently accessible; the Customer undertakes to sign the form that is presented by the Subcontractor of IKEA and that confirms that the Goods have been picked up (the Customer can have an Adult of choice act on its behalf as desired); if the Subcontractor of IKEA is of the opinion that picking up the Goods will probably cause damage to the Goods concerned or other property of the Customer, the Customer shall be made aware of this and the reason will be stated on the form that must be filled out at the time of the pick-up.
- only for Remote Agreements, the Customer brings the Goods and/or the purchase order for the provision of Services to a Pick-up Point in the Grand Duchy of Luxembourg selected by IKEA, a list of which is available on the Website, at his or her own expense within 14 days of notifying IKEA that he or she wishes to exercise his or her right to cancel or exchange.
3.3.2. Refund
Refunds shall be given insofar as the aforementioned conditions applicable to the exercise of the right to cancel and/or exchange (3.1.3.) have been met (term, condition of the Good, initial proof of purchase, etc.).
(a) In the event of cancellation (= cancelling the agreement without giving a reason)
General
IKEA shall refund the purchase sum received from the Customer for the Product that is cancelled. If the Customer opts for IKEA to pick up the Goods, the charge for this will be deducted from the sum to be refunded by IKEA.
For Remote Agreements
If the Customer has purchased the Products through a Remote Agreement and opts to exercise his or her right to cancel, IKEA shall refund all payments received from the Customer within 14 days commencing on the day following the day on which IKEA was notified of the Customer’s decision to exercise his or her right to cancel. Delivery costs will only be refunded if the cancellation occurs within 14 days of receipt of the (last delivered) good (belonging to the same order) and/or of the signing of the agreement for Services. IKEA has no obligation to refund the delivery costs if the Customer has opted for another delivery method than the cheapest standard delivery offered by IKEA. Any costs of returning the Products from the Pick-up Point in the Grand Duchy of Luxembourg to IKEA are due by the Customer and will be deducted from the sum to be refunded by IKEA.
The refund occurs using the same means of payment as used for the initial transaction, unless the Customer explicitly agrees to another means of payment and on the understanding that the Customer must incur no costs as a consequence of this refund.
For agreements entered into at a Store
If the Customer has purchased the Product at a Store and opts to exercise his or her right to exchange, the refund will:
- be executed immediately if the Customer returns the Goods and/or the purchase order for the provision of Services to an IKEA Store in Belgium;
- be executed by bank transfer within 14 days, starting on the day that IKEA is notified of the decision of the Customer to exercise his or her right to cancel, if the Customer opts for IKEA to pick up the Goods.
(b) In the event of exchange (= exchanging the purchase for another Product in the IKEA range)
If the Customer opts to exercise his or her right to exchange, the refund will be given in the form of a Refund Voucher, regardless of the method of purchase (Store or Remote Agreement):
- immediately if the Customer returns the Goods to an IKEA Store in Belgium;
- in all other cases, by post within 14 days, commencing on the day on which IKEA is notified of the decision of the Customer to exercise his or her right to exchange.
The Refund Voucher has a value equal to the purchase sum of the Good and is valid for an indefinite period at all IKEA Stores in Belgium. When the Refund Voucher is presented, the purchase sum on the Gift Card will be deducted from the Total Price of the new purchase. If the value of the Refund Voucher is lower than the Total Price of the new purchase, the Customer will pay the price difference at the till. If the value of the Refund Voucher is higher than the Total Price of the new purchase, the balance will remain available on the Refund Voucher for future purchases at IKEA.
3.4. Possibility of cancellation by IKEA (outside the scope of Force Majeure)
IKEA may itself cancel an order of Goods within 14 days of it being placed, subject to written notification to the Customer and the payment of compensation of 20 EUR. The refund of the Total Price and the 20 EUR shall be executed by bank transfer within 14 days after IKEA notifies the Customer in writing of the cancellation (for example in the event of a shortage of stock).
4. Subcontracting
IKEA may use Subcontractors to provide its Services. These Subcontractors are only obliged to provide the Services that are the subject of the agreement between the Customer and IKEA. If the Customer wishes to have additional work carried out by the Subcontractor he or she must enter into a direct agreement for this with the Subcontractor. IKEA cannot be held liable in any way for the (non-)performance of this additional work.
5. Gift Card
5.1. Purchase of the IKEA Gift Card - General
The Customer may purchase a physical IKEA Gift Card. The physical IKEA Gift Card can be purchased at any Store in Belgium. If the Gift Card is purchased at a Store, it will be handed over to the Customer immediately upon payment.
5.2. Use of the IKEA Gift Card
The Gift Card is valid for an unlimited term.
IKEA Gift Cards with IKEA design can be used at all IKEA Stores worldwide, except the IKEA Stores in Mallorca (Spain), Gran Canaria (Spain), Lanzarote (Spain), Tenerife (Spain), Adelaide (Australia), Perth (Australia) and all IKEA Stores in Bulgaria, China, Cyprus, the Dominican Republic, Egypt, Greece, Hong Kong, Iceland, Indonesia, Israel, Japan, Jordan, Kuwait, Lithuania, Malaysia, Qatar, Romania, Russia, Saudi Arabia, Singapore, Taiwan, Thailand, Turkey and the United Arab Emirates.
Upon presentation of the physical or digital Gift Card in IKEA Stores, the purchase sum on the Gift Card will be deducted from the total price of the purchase.
- If the value of the Gift Card is lower than the total price of the purchase, the Customer shall make up the balance.
- If the value of the Gift Card is higher than the total price of the purchase, the balance shall remain available on the Gift Card.
The Customer may top up the physical Gift Card more than once at the checkout at an IKEA Store to any amount up to EUR 2,500.
Without prejudice to the warranty and right to cancel provisions in these General Contracting Terms and Conditions, IKEA shall not refund the value of the physical Gift Card to the Customer in the event of loss, theft or damage.
6. Privacy
7. Liability and warranties
7.1. Liability
7.1.1. General limitation of liability
Without prejudice to the provisions of imperative law, IKEA is only liable in the event of gross error or fraud committed by itself or its Subcontractors.
The liability of IKEA shall:
- be limited to compensating the damage suffered by the Customer that is the direct and exclusive consequence of the failings of IKEA or the determined defects of the Products;
- in any case be limited to the sum of the price of the Products upon which this liability rests (maximum upper limit);
- in any case not extend to compensation for intangible and/or indirect damage, including any loss of income.
The Customer must notify IKEA within 14 calendar days of the occurrence of the damage by registered letter and enable IKEA to make all useful observations.
7.1.2. IKEA Website and catalogue - limitation of liability
The IKEA catalogue is valid from its publication up to and including 31 July of the following year.
The Products are presented and described as faithfully as possible on the Website and in the catalogue. However, minimal differences are possible, such as with regard to colours. Mistakes and (printing) errors in prices, measurements and images cannot be excluded. IKEA uses best efforts to minimise such differences and, if they are observed, to rectify them as soon as possible. IKEA is not liable for inaccuracies, incorrect statements or omissions in the catalogue. Inclusion on the Website or in the catalogue does not mean that a Product is available everywhere at all times.
The catalogue is part of the intellectual property of IKEA. Nothing in the catalogue may be copied or published in any way or by any means.
7.1.3. Exclusion of liability
a) In the event of Force Majeure
The non-fulfilment or late fulfilment of one or more contractual undertakings by IKEA shall not be deemed to be a breach of contract by it, insofar as this non-fulfilment or late fulfilment is due to Force Majeure.
If IKEA finds itself in a situation of Force Majeure, it will
- immediately notify the Customer in writing of the situation and its consequences;
- consult with the Customer about appropriate provisional measures and shall try, with due care, to eliminate, lift or rectify the cause of the non-fulfilment and late fulfilment; and
- after the cause of the non-fulfilment and late fulfilment has come to an end, fulfil its obligations as soon as reasonably possible.
If the Force Majeure lasts for more than two (2) months, the agreement may be cancelled by IKEA and/or the Customer by email, without this giving the other party any right to demand compensation.
b) in the event of non-fulfilment of the manufacturer’s directions for use and/or in the event of use that is not compatible with the manufacturer’s directions for use.
The Customer undertakes to consult the manufacturer’s user manual and to strictly follow the directions for use for every Product purchases in order to minimise every risk of accident. The Customer is aware that IKEA cannot check whether the Customer is following the directions for use of the Products. IKEA is in any case released from its liability in the event of improper use of the Products.
7.2. Warranty
7.2.1. General warranty of IKEA
When the Goods and Services are delivered the Customer should check that they are correct and, where applicable, make a note of any defects. The Customer must notify IKEA immediately if the delivered Goods and/or Services are visibly defective.
If any defects are not reported within 14 days after delivery of the Goods and/or Services, the Customer is deemed to have accepted and/or approved the delivered Good and/or Service.
Unless explicitly stipulated otherwise and without prejudice to imperative provisions to the contrary (especially the right to cancel when this exists), returns are approved by IKEA outside the scope of the exercise of the right to cancel and right to exchange subject to reasons being given.
If the Customer files a complaint and this reservation is deemed to be well-founded by IKEA after investigation of the disputed Good and/or Service, IKEA can choose between:
- paying compensation of no more than the sum the Customer paid for the order or
- repairing the Good free of charge and/or providing the Service free of charge.
7.2.2. Warranty for consumer goods with regard to the Consumers
Articles L.212-1 et seq. of the “Code de la consommation” (of Luxembourg) provides rights regarding the sale of Goods to Consumers.
These rights are not influenced by other warranties that are granted by this provision.
IKEA is liable towards the Consumer if the Good doesn't match the description at the moment of delivery of the Good and the manifestation thereof within a term of two (2) years after this delivery.
The legal claim of the Consumer ends one (1) year after he or she observes the lack of conformity of the Good. This term can end no earlier than two (2) years after the delivery of the Good.
Contrary to the preceding, IKEA is liable towards the Consumer for any lack of conformity arising when a second-hand Good is delivered and manifesting itself within a term of one (1) year after this delivery.
If the Consumer follows the proper procedure in invoking the warranty, the Consumer is entitled to demand that IKEA repairs or replaces the Good free of charge, except when such would be impossible or disproportionate. Any repair or replacement must be made within a reasonable term and without serious inconvenience for the Consumer, with due consideration for the nature of the Good and the use intended by the Consumer. The costs referred to in this provision are the costs that must be incurred to repair or replace the Goods, which might encompass shipping costs and costs connected with labour and materials.
The Consumer is entitled to demand an appropriate price reduction or the cancellation of the agreement from IKEA:
- if he or she is not entitled to repair or replacement, or
- if IKEA has not made the repair or replacement within a reasonable delay or without causing serious inconvenience to the Consumer.
Nevertheless, the Consumer is not entitled to demand the cancellation of the agreement if the lack of conformity of the Good is insignificant.
In the event of a price reduction, any refund to the Consumer will be reduced to take account of the use the Consumer has had of the Good since its delivery.
7.2.3. Warranty for hidden defects in favour of the Consumer
In addition, IKEA is liable towards the Consumer for the legal warranty for hidden defects, as set out in articles 1641 up to and including 1649 of the Civil Code, if the hidden defect existed at the time of delivery and the defect makes the Good unfit for its intended use or that use is considerably reduced.
IKEA should be notified as soon as possible by registered letter about every hidden defect as soon as the Consumer discovers the defect or, where applicable, should normally have discovered the defect.
In the event of a hidden defect, the Consumer can choose between returning the Good and getting a full refund of the price or keeping the Good and getting a partial refund of the price.
In order to avoid any doubt, IKEA excludes any warranty obligation for hidden defects towards Enterprises.
7.2.4. Specific Warranty of the manufacturer or IKEA
The Goods that are offered by IKEA may also be the subject of an additional warranty offered by the manufacturer or IKEA with a scope and duration that differs depending on the Good concerned.
In order to know whether the Goods offered for sale are subject to such a Specific Warranty and to identify the scope of this Specific Warranty, the Customer is invited to read the commercial documentation with regard to the Goods in question and/or the warranty page on the Website.
If such a Specific Warranty is offered, it starts on the date of purchase of the Good and covers the manufacturing defects.
If IKEA is not the manufacturer of the Goods, it will only accept the invoking of the Specific Warranty for the Goods that it has sold itself.
If the Customer wishes to invoke the Specific Warranty he or she must enclose the proof of purchase and meet the requirements that are imposed by the manufacturer.
The Customer loses the rights granted to him or her by the Specific Warranty if he or she does not follow the instructions of the manufacturer to properly invoke it.
8. Complaints and settlement of disputes
8.1. Customer Service
If the Customer has a question about the Products of IKEA or any other topic, the Customer can contact the customer service between 9:00 and 18:00 Monday to Saturday:
- by phone: +32 (0)2 719 19 19;
- by email: [email protected];
- by mail: Weiveldlaan 19, 1930 Zaventem, Belgium
8.2. Online Dispute Resolution (ODR)
For claims connected with purchases made through the Website, the Consumer can also use the ODR Platform that was set up at EU level to offer the possibility of resolving disputes in an online context without resorting to the courts:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
8.3. Applicable law and jurisdiction
The General Contracting Terms and Conditions are governed by Belgian law, without prejudice to the right of the Consumer residing outside the territory of Belgium to invoke provisions of imperative law from their national legislation. Any dispute that is not resolved amicably and/or through the Ombudsman for Retail is the exclusive jurisdiction of the courts of Brussels, without prejudice to the right of the Consumers to invoke the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
9. Conclusions
9.1. Defeasance
If a provision of these General Contracting Terms and Conditions is declared null and void, the Customer and IKEA agree that this provision shall not be enforceable but that the other provisions of these General Contracting Terms and Conditions will remain in full effect, except if the provision in question is essential and the General Contracting Terms and Conditions cannot be amended in good faith to restore or maintain the balance between the rights and duties of the Customer and IKEA.
9.2. Proof
The transactions, actions on the network, electronic communications, connections and other electronic manipulations are proven by using log files, emails and transaction files, which IKEA is able to save to electronic carriers.
The Customer accepts the evidentiary value of this data.
This possibility of proof does not prevent the Customer or IKEA from using any other means of proof permitted by law.
9.3. Amendment
IKEA reserves the right to amend the General Terms and Conditions at any time at its own discretion. The amended General Terms and Conditions become effective upon publication on the IKEA Website. They will only apply with regard to agreements entered into after they become effective.
Valid from 19/01/2021