Article 1. Company details
These sales conditions apply to all current and future agreements with MVS IN MOTION BV, with registered office in 2830 Willebroek, Westdijk 150 and registered in the RPR Antwerp, Mechelen under the number 0458.496.729 (hereinafter referred to as “MVS”), as well as with any affiliated company in accordance with Article 1:20 of the Belgian Companies and Associations Code.
Article 2. Applicability
These conditions apply to all offers, to all agreements concluded, to all purchases and orders, both made at MVS’s office and online, by e-mail or through any other medium (hereinafter generally referred to as “Agreement(s)”). As soon as the customer (hereinafter referred to as “Customer(s)”) enters into an Agreement with MVS, it accepts the general conditions as described in this document to the exclusion of the application of any of its own general conditions, even if these contain the same grounds for exclusion. The General Terms and Conditions are applicable to all products and services offered by MVS, except in the case of an explicit deviation, which is the result of mutual agreement and written confirmation. Explicit deviations shall only be valid as a replacement or an addition to the clauses to which they relate. The other provisions of these general terms and conditions shall continue to apply in full. If a provision contained in these general terms and conditions is contrary to an international treaty, insofar as it is applicable, a law, regulation or other mandatory regulation, the provision in question shall not apply. The invalidity of a provision shall not affect the validity of the remaining provisions of the general conditions, which shall continue to apply in full. MVS reserves the right to change and/or supplement the general conditions at any time. An amendment of these general conditions shall have no effect on already existing Agreements. Any matters not explicitly provided for in these general terms and conditions of sale shall be governed by the provisions of Belgian law.
Article 3. Conclusion of the Agreement
Anyone placing an order shall confirm that they have the capacity to act. Commercially incompetent persons shall be represented by their legal representative, who shall also be bound by these general conditions. MVS undertakes to process orders as long as stocks last and within the limits specified in these general conditions. The order can only be processed when the Customer has clearly identified himself. The placing of an order shall constitute acceptance of these general sales conditions, which must be expressly approved prior to any order. Placing an order implies an obligation to pay. The general conditions are always available and can be consulted on the website. MVS reserves the right to refuse orders in case of serious suspicion of abuse of rights or bad faith, serious suspicion of commercial purposes unacceptable to MVS or in case of exhaustion of stock of a certain article. For each order, the general terms and conditions that are included on the website and/or on the invoice are applicable. The language of the Agreements concluded is English. An order is only final after acceptance of these general terms and conditions, the prices and the description of the offer. If anything is unclear in the offer or after ordering, the Customer can always contact us, either via info@mvs- in-motion.com or by telephone between 9 a.m. and 5 p.m. on 03 866 40 76.
Article 4. Signature and proof
The Customer accepts electronic evidence. The Customer is solely responsible for the accuracy of all data he or she transmits. The final confirmation of the order by the Customer is deemed to be acceptance of the order at the price set.
Article 5. Prices and Payment
The prices are ex works Tisselt (EXW), Belgium. All prices of products are indicated in Euros and are exclusive of VAT. Shipping costs, transport costs, bank charges, delivery costs, taxes and other levies are not included in MVS’ prices and shall be paid by the Customer unless otherwise agreed in writing. For orders with an order value of less than 250 € an administrative cost of 10 € will be added. The Customer owes MVS the price that was indicated in the confirmation of the delivery note. Obvious errors in the price quote, such as evident inaccuracies, can be corrected by MVS even after the conclusion of the agreement. All offers made by MVS are free of obligation. MVS can change prices at any time without prior notification. In the absence of timely or full payment, default interest of twelve percent (12%) per year will be owed, legally and without notice of default, from the due date of the invoice until the day of full payment. In the event of non-payment, late payment or full payment, a fixed compensation amounting to 15% of the invoice amount, costs included, with a minimum of EUR 40 will also be payable. In case of non-timely payment of an invoice, all other claims of the Customer that have not yet fallen due will become immediately due by operation of law. With non-payment, MVS reserves the right not to deliver the products. MVS also reserves the right to regard the sales agreement as dissolved by operation of law and without prior notice of default, for the whole or the part not yet executed.
Article 6. Delivery of the order
Products will only be delivered to the countries for which MVS allows delivery. The chosen delivery option influences the delivery time. The delivery of products will take place within the timeframe specified in the individual order confirmation to the extent possible. The stated delivery times are not binding but are given merely as an indication. Incorrectly communicated delivery addresses are the responsibility of the Customer and may result in additional costs. MVS is entitled to make partial deliveries. The Customer is responsible for all additional taxes and duties. MVS cannot be held responsible for any fees charged by a third party. The delivery will be at the risk of the Customer. No delay in delivery can lead to the termination of the agreement, except in case of deliberate delay. MVS commits to packing the products to be delivered as carefully as possible to exclude the possibility of damage during normal handling. MVS shall not be responsible for late deliveries due to unforeseen circumstances caused by third parties, nor for loss, theft or damage during shipment by third parties and, to the extent permitted by law, MVS shall also not be liable for losses, costs, liability, damages, fines or expenses that arise due to a delay or failure to deliver due to unforeseen circumstances caused by third parties, nor for loss, theft or damage during shipment by third parties.
Article 7. Retention of title
The ownership of products will only be transferred to the Customer after full payment of all sums due by the Customer to MVS, including payment of the agreed price, costs, interest and possible damages. Until the actual transfer of ownership, the Customer is prohibited from reselling, renting out, pledging, processing, incorporating or in any other way disposing of or encumbering the products until all payments and obligations have been fully settled, unless otherwise agreed by MVS. Nevertheless, the Customer shall bear the risk of loss or destruction of the Products from the moment of delivery.
Article 8. Force Majeure
MVS will not be liable for delays in the fulfilment or non-fulfilment of its commitments due to events beyond its normal control, including production interruptions, difficulties in acquiring or shortages of raw materials, workforce, energy or transport or delays in transport, strikes, epidemics, pandemics, lock-outs, work interruptions or other collective labour disputes, which affect either MVS or its suppliers, disruptions in the internet, the electricity grid, mail traffic or technology provided by third parties, government measures and illness, even if these events are foreseeable.
Article 9. Intellectual Property Rights
All intellectual property rights and derived rights shall be retained by MVS. These intellectual property rights include copyrights, trademark rights, drawing and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts. The contents of the website, images, logos, drawings, photos, data, product names, texts, etc. are protected by copyright and other (intellectual) property rights and treaty provisions, which exclusively belong to MVS. The photographic work of MVS is subject to copyrights, which are exclusively retained by MVS. For use for commercial purposes, the Customer must request permission and/or pay a fee to MVS.
Article 10. Processing of Customer Data and Privacy
When products are purchased, the Customer explicitly agrees that his or her personal data can be used and processed for administrative purposes, such as keeping track of orders in a customer database or for billing purposes. The information provided by the Customer is necessary for the processing and completion of orders and invoicing. If these data are missing, the order will inevitably be cancelled. Personal data will only be processed for promotional purposes, personal advertising and/or other (re)marketing purposes if the Customer has given his/her consent. MVS will never pass on this personal information to third parties, unless with the Customer’s consent or when explicitly requested by judicial authorities or when it is legally obliged to do so. The Customer has the right to modify or review his or her personal information at any time. The Customer also has the right to oppose, free of charge, the processing of his personal data for direct marketing initiatives. Only Customers who have given their express consent to this will be included in MVS’s newsletter. Unsubscribing is possible upon simple request of the Customer. Should the Customer wish to contact MVS concerning the processing of his or her personal data, a message should be sent to the following e-mail address: firstname.lastname@example.org
Article 11. Defects and complaints
The Customer undertakes to carefully examine the products immediately upon receipt. MVS’ warranty is limited to the warranty for hidden defects and the warranty in the case of consumer purchases, both as provided for in the Civil Code. MVS is only responsible for damages which are the result of intent or gross error. MVS is not responsible for general or special indirect damages of any kind suffered by the Customer nor for damages to goods, visible at delivery, which is not mentioned on the carrier’s consignment note. MVS shall also not be responsible for any postponement or cancellation of a production that is due to late delivery by the Customer or its subcontractor of a product or accessory, or to the punctuality or faulty conduct of the latter. Complaints must reach MVS in order to be admissible: (a) in the case of complaints due to non-conformity of the delivery, seven (7) days after delivery and (b) in the case of hidden defects, seven (7) days after discovery of the defect or after the moment by which such discovery could reasonably have taken place. The acceptance of the goods by the Customer covers any possible defect or non-conformity which could have been discovered at that time. MVS undertakes to answer the complaint within a period of 14 calendar days after written receipt. Reimbursement or exchange is only possible after explicit agreement by MVS. Prior to the return of the products, the Customer will provide MVS with a detailed inventory of the products that will be returned (cfr Complaint Form) as well as any other information that MVS may require, including but not limited to the batch number, the production date or the expiry date. Under no circumstances will returns of more than 30 days after delivery be accepted, nor will returns be accepted for products that are damaged, used or not in their original and unopened packaging. In the event of a return, MVS may charge the Customer a processing fee of ten percent (10%) of the purchase price (costs and taxes included).
Article 12. Applicable law and competent court
All offers and Agreements are governed exclusively by Belgian law. In the event of disputes, the courts of the judicial district of Mechelen shall have jurisdiction. Within the framework of their relations, the parties concerned accept electronic evidence.