Terms & Conditions + Privacy

OVERVIEW


This website is operated by PikamonEU. Throughout the site, the terms “we”, “us” and “our” refer to Pikamon EU. Pikamon EU offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

Booster boxes advertised as new can be expected to arrive in a collection-worthy condition with the original packaging. Dented or damaged boxes are boxes with small imperfections which are less suitable for collecting purposes.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Pikamon EU, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pikamon EU and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Sales@Pikamon.eu.

 

MOBILE MESSAGING TERMS AND CONDITIONS

Last updated: [23/2/23] Motif Labs (“Pikamon EU”, “we”, or “us”) operates a mobile messaging program (the “Program”) subject to these Mobile Messaging Terms and Conditions (the “Mobile Messaging Terms”). The Program and our collection and use of your personal information is also subject to our Privacy Policy. By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to these Mobile Messaging Terms and our Privacy Policy.

  1. Program Description: We may send promotional and transactional mobile messages in various formats through the Program. Promotional messages advertise and promote our products and services and may include [promotions, specials, other marketing offers, and abandoned checkout reminders]. Transactional messages relate to an existing or ongoing transaction and may include [order notifications and updates, appointment reminders, and other transaction-related information]. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary [but will not exceed x messages per x]. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.
     
  2. User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at [insert email or other contact method]. Your participation in the Program is not required to make any purchase from us and your participation in the Program is completely voluntary.
     
  3. User Opt-Out and Support: You may opt-out of the Program at any time. If you wish to opt-out of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. For support, reply HELP to any mobile message from us. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.
     
  4. Disclaimer of Warranty and Liability: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program.
     
  5. Modifications: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications.

 

  1. Pikamon.eu, located in Rumpt under Chamber of Commerce number 72633565.
  2. Customer: the party with whom Pikamon.eu has entered into an agreement.
  3. Parties: Pikamon.eu and the customer together.
  4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

  1. These terms and conditions apply to all quotations, offers, work, orders, agreements, and deliveries of services or products by or on behalf of PikaMon.eu.
  2. Parties may deviate from these terms and conditions only if they have expressly and in writing agreed to do so.
  3. Parties explicitly exclude the applicability of any additional or deviating general terms and conditions of the customer or third parties.

Prices

  1. All prices used by PikaMon.eu are in euros, sold on margin tax basis unless otherwise stated, and excluding any other costs such as administrative costs, levies, and travel, shipping, or transportation costs, unless expressly stated otherwise or agreed otherwise.
  2. All prices used by Pikamon.eu for its products or services, on its website, or otherwise communicated, may be changed at any time by Pikamon.eu.
  3. Increases in the costs prices of products or parts thereof, which Pikamon.eu could not foresee at the time of making the offer or entering into the agreement, may lead to price increases.
  4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in clause 3, unless the increase is the result of a legal regulation.

Samples and models If the customer has received a sample or model of a product, it can only derive rights from it insofar as it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Consequences of non-payment

  1. If the customer does not pay within the agreed period, Pikamon.eu is entitled to charge statutory interest of 2% per month for non-commercial transactions and 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted as a whole month.
  2. When the customer is in default, the customer is also liable for extrajudicial collection costs and any damages payable to Pikamon.eu.
  3. The collection costs are calculated in accordance with the Decree on extrajudicial collection costs.
  4. When the customer does not pay on time, Pikamon.eu may suspend its obligations until the customer has fulfilled its payment obligation.
  5. In the event of liquidation, bankruptcy, attachment, or suspension of payment on the part of the customer, Pikamon.eu's claims against the customer become immediately due and payable.
  6. If the customer refuses to cooperate in the execution of the agreement by Pikamon.eu, the customer is still obliged to pay the agreed price to Pikamon.eu.

Right of reclamation

  1. Once the customer is in default, Pikamon.eu is entitled to invoke the right of reclamation with regard to the unpaid products delivered to the customer.
  2. Pikamon.eu invokes the right of reclamation by means of a written or electronic notification.
  3. Once the customer has been informed of the invoked right of reclamation, the customer must immediately return the products to Pikamon.eu to which this right applies, unless the parties make other arrangements about this.
  4. The costs for retrieving or returning the products are borne by the customer.

Right of withdrawal

  1. A consumer can dissolve an online purchase during a reflection period of 14 days without giving any reason, provided that:
  • the product has not been used
  • it is not a product that can quickly perish, such as food or flowers
  • it is not a product that has been tailor-made or customized for the consumer
  • it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
  • the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
  • the product is not a travel, transport ticket, catering order, or form of leisure activity
  • the product is not a separate magazine or newspaper
  • it does not concern an (order for) urgent repair
  • the consumer has not waived his right of withdrawal
  • The product is not one of the following; Singles, graded cards, custom order.
  1. The reflection period of 14 days as mentioned in clause 1 commences:
  • on the day after the consumer has received the last product or part of 1 order
  • as soon as the consumer has received the first product in a subscription
  • as soon as the consumer has taken a service for the first time
  • as soon as the consumer has confirmed that he will receive digital content via the Internet
  1. The consumer can make his use of the right of withdrawal known via info@pikamon.eu, if desired using the withdrawal form that can be downloaded via the PikaMon.eu website.
  2. The consumer is obliged to return the product to Pikamon.eu within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.
  3. Pre-orders: the consumer can cancel his pre-order within 14 days after placing it. If this is not done within 14 days, canceling a pre-order is no longer possible, and the right of withdrawal no longer applies.

Reimbursement of return costs If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, the costs for returning the entire order are borne by the consumer.

Right to suspend Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Retention of title

  1. Pikamon.eu remains the owner of all delivered products until the customer has fully complied with all its payment obligations to Pikamon.eu based on any agreement concluded with Pikamon.eu, including claims relating to non-performance.
  2. Until that time, Pikamon.eu can invoke its retention of title and take back the goods.
  3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or encumber the products in any way.
  4. If Pikamon.eu invokes its retention of title, the agreement is deemed dissolved, and PikaMon.eu has the right to claim damages, lost profits, and interest.

Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at Pikamon.eu unless the parties have agreed otherwise.
  3. Delivery of online ordered products takes place at the address indicated by the customer.
  4. If the agreed amounts are not paid or not paid on time, Pikamon.eu has the right to suspend its obligations until the agreed part has been paid.
  5. In case of late payment, there is default on the part of the debtor, as a result of which the customer cannot object to delayed delivery by Pikamon.eu.

Delivery time

  1. The delivery times indicated by Pikamon.eu are indicative and do not entitle the customer to dissolve the agreement or claim compensation, unless the parties have expressly and in writing agreed otherwise.
  2. The delivery time starts at the moment the customer has completed the (electronic) ordering process in full and has received a (electronic confirmation) from Pikamon.eu.
  3. Exceeding the specified delivery time does not entitle the customer to compensation, nor the right to dissolve the agreement unless Pikamon.eu cannot deliver within 14 days after a written demand to do so or unless the parties have agreed otherwise.

Actual delivery The customer must ensure that the actual delivery of the ordered products can take place in a timely manner.

Transport costs Transport costs are borne by the customer unless the parties have agreed otherwise.

Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, the customer must have a note made by the carrier or delivery person before accepting the product, failing which Pikamon.eu cannot be held liable for any damage.
  2. If the customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Pikamon.eu prior to transportation, failing which PikaMon.eu cannot be held liable for any damage.

Storage

  1. If the customer only takes delivery of ordered products at a later date than the agreed delivery date, the risk of any loss of quality rests entirely with the customer.
  2. Any additional costs as a result of premature or delayed acceptance of products are entirely borne by the customer.

Warranty

  1. The warranty with regard to products applies exclusively to defects caused by faulty manufacturing, construction, or materials.
  2. The warranty does not apply in case of normal wear and tear and damage resulting from accidents, modifications made to the product, negligence, or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
  3. The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment they are legally and/or actually delivered, or come into the possession of the customer or a third party who receives the product on behalf of the customer.

Indemnification The customer indemnifies Pikamon.eu against all claims from third parties relating to the products and/or services provided by Pikamon.eu.

Complaints

  1. The customer must examine a product or service delivered by Pikamon.eu for any deficiencies as soon as possible.
  2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must notify Pikamon.eu of this as soon as possible, but in any case within 1 month after delivery.
  3. Consumers must notify Pikamon.eu of this within 1 month after discovering the deficiencies.
  4. The customer provides a detailed description of the deficiencies so that Pikamon.eu is able to respond adequately.
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this cannot in any case result in Pikamon.eu being obliged to perform other work than agreed upon.

Notice of default

  1. The customer must notify Pikamon.eu of defaults in writing.
  2. It is the responsibility of the customer to ensure that a notice of default actually reaches Pikamon.eu (in a timely manner).

Joint liability of the customer If Pikamon.eu enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to Pikamon.eu under that agreement.

Liability of Pikamon.eu

  1. PikaMon.eu is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.
  2. If PikaMon.eu is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
  3. Pikamon.eu is never liable for indirect damage, such as consequential damage, loss of profit, missed savings, or damage to third parties.
  4. If Pikamon.eu is liable, its liability is limited to the amount invoiced for the relevant agreement, or at least to that part of the agreement to which the liability relates.
  5. The liability of Pikamon.eu is in any case always limited to the amount paid out by its insurer in the relevant case.
  6. Pikamon.eu is only liable for damage if the customer reports the damage to Pikamon.eu in writing as soon as possible, but no later than 30 days after the occurrence of the damage.

Force majeure

  1. Pikamon.eu is not obliged to fulfill any obligation towards the customer if it is prevented from doing so as a result of force majeure.
  2. Force majeure means, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, over which PikaMon.eu cannot exert any influence, but as a result of which PikaMon.eu is unable to fulfill its obligations.
  3. Pikamon.eu also has the right to invoke force majeure if the circumstance that prevents (further) performance occurs after PikaMon.eu should have fulfilled its obligation.
  4. During force majeure, the obligations of Pikamon.eu are suspended.
  5. If the period in which by force majeure fulfillment of the obligations by Pikamon.eu is not possible, lasts longer than 2 months, both parties are entitled to dissolve the agreement without any obligation to pay damages to the other party.

Confidentiality Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source within the context of their agreement.