Terms and Conditions
OVERVIEW
This website is operated by MOAIE B.V, a company
incorporated under the laws of the Netherlands and registered under the company
registration number 90283112 whose registered address is Hurksestraat 19, 5652 AH, eindhoven, Netherlands.
VAT number:NL 865265951B01
Our website store www.moaie.care hosted by Shopify. They provide us with the
online e-commerce platform that allows us to sell our Products and services to
you.
Throughout the site, the terms “we”, “us” and “our”
refer to Moaie. MOAIE 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.
"You" or "your" refer to the
individual using our site to buy Products from us.
"Products" refer to the products made
available on the website for sale.
By accepting these Terms, you agree to be bound by
the following terms and conditions (the “Terms”), including those additional
terms and conditions and policies referenced herein and available by hyperlink.
SECTION 1 -
GENERAL CONDITIONS
We reserve the right to refuse to sell our Products
to you if we have a legitimate ground to do so.
By agreeing to these Terms, you represent that you
are acting for personal purposes, and not for professional, commercial or
industrial purposes.
The headings used in this agreement are included
for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 -
PRODUCTS
2.1 Certain Products or
services may be available exclusively online through the website. These
Products or services may have limited quantities. Should they be out of stock,
you will not be able to order them.
We have made every effort to display as accurately
as possible the colours and images of our Products that appear at the store. We
cannot guarantee that your computer monitor's display of any colour will be
accurate.
We reserve the right, but are not obligated, to
limit the sales of our Products or services to any person on legitimate
grounds. 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 any time without notice, at the sole discretion of us. We
reserve the right to discontinue any Product at any time. The Products that you
are able to select for purchase at the time you place your order will always be
available, at the conditions described on the website at that time.
We do not warrant that the quality of any Products,
services, information, or other material purchased or obtained by you will meet
your expectations, except if they have been materialized in the sale contract
concluded between you and us, and without prejudice to the legal warranty
described in Section 8 below.
SECTION 3 -
PRICES AND PAYMENT
Prices for our Products are subject to change
without notice. The price applicable to your purchase will be the price
displayed on the website at the time you place your order.
The price of the Products is listed and payable in
Euros (€) (EUR) for Products purchased on the European website. The price
includes VAT and any other applicable taxes at the applicable rate. The cost of
delivery is also disclosed with the total price to pay.
The possible payment methods for the Products are
detailed on our website during the ordering process.
SECTION 4 -
ORDERS
When placing an order on our website, please read
and check the details carefully before submitting it. You have the right to
review and amend your details prior to concluding the contract.
We reserve the right to refuse any order you place
with us on legitimate grounds.
In the event that we make a change to or cancel an
order, we will attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made, without prejudice
to your right of compensation or of cancellation.
We reserve the right to limit or prohibit orders
that are placed by dealers, resellers or distributors. Additional bank fees may
be applied to you by your bank depending on the bank terms.
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.
SECTION 5 -
DELIVERY
We deliver our Products to Euorpe and international.
Deadline for delivery will be indicated to you in your order confirmation email
and will be a maximum of 15 days as from the day you place your order ( days
also depend of country of destination and in some cases this can be higher than
15 days).
Products will be delivered against payment of fee
by your chosen delivery method. Available delivery methods will be disclosed to
you before your purchase on our website. Please note that displayed delivery
times are estimates. The exact delivery time will be provided to you in your
order confirmation email.
Delivery will be effective from the time that the
Products are delivered to the address provided by you in the ordering process.
Responsibility for the Product passes to you when you, or a third party
indicated by you other than our carrier, acquires physical possession of the
Products.
If we cannot deliver the Products to you at the
date set out in your order confirmation email, and we fail to deliver within
five (5) working days after the original delivery date, you will have the
possibility to cancel your contract, by registered letter with acknowledgement
of receipt or by email using the contact details at the bottom of this page.
The agreement will be deemed cancelled at the date where we are informed of
such a cancellation, unless we have delivered the Products in the meantime.
SECTION 6 -
RETURNS AND CANCELLATION
As a statutory right, you have the right to cancel
any contract for sale with us and return any Products within 14 days of
delivery of those Products (day where you or a third party other than the
carrier and indicated by you acquires physical possession of the Products)
You will bear the cost of returning the Products.
If you exercise your statutory withdrawal right, we
will reimburse you the price of the Products, excluding the costs of delivery
(with the exception of the supplementary costs resulting from your choice of a
type of delivery other than standard delivery), without undue delay and at the
latest 14 days as from the date we are informed of your wish to withdraw from
the contract. Notwithstanding the above, we are entitled to differ
reimbursement until we receive the Products or the day we receive the proof of
expedition of the Products, whichever is the earliest. We will carry out such
reimbursement using the same means of payment you used for the order. In any
event, you will not incur any fees as a result of such reimbursement.
SECTION 7 -
PERSONAL INFORMATION
Your submission of personal information through the
store is governed by our Privacy Policy. You can view our Privacy Policy
here:
SECTION 8 -
WARRANTIES
Statutory
guarantee rights
We are
responsible for any good non-conformity pursuant to sections 7:17 and 7:18
Dutch Civil Code and for any latent defects in relation to the goods pursuant
to section 7:23 of the Dutch Civil Code.
Conformity
guarantee
In case
of non-conformity, within 2 years as from the Product delivery, you are
entitled to request that we:
(a)
restore free of charge the conformity of the purchased
good, by repairing or replacing the same, pursuant to section 7:21 Dutch
Civil Code; or
(b)
suitably reduce the price, or terminate the contract,
pursuant to section 7:22 Dutch Civil Code.
We may
nevertheless elect not to proceed in accordance with your choice if that
choice gives rise to a manifestly disproportionate cost compared with the
other option given the value of the goods or the seriousness of the
non-conformity.
For the
24 month period following the delivery of the good, you will not be required
to prove the existence of the non-conformity.
Latent
defect guarantee
You may
also exercise the latent defect guarantee as defined under section 7:23 Dutch
Civil Code.
In such a
case, you can choose between the termination of the sale or claim a reduction
of the price.
Any
guarantee period will automatically be extended in so far required by Dutch
mandatory law.
SECTION 9 -
LIABILITY
We, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors, are
not liable for any losses or damages that:
(i) were not foreseeable to the parties when the
contract was formed, except if the loss is due to our fault or gross
misconduct; or
(ii) were not caused by any legal or contractual
breach on our part; or
(iii) are indirect losses; or
(iv) result from a force majeure event, as defined
under section 6:75 of the Dutch Civil Code.
We do not exclude or limit in any way our liability
to you where it would be unlawful to do so, including loss or damage caused by
our wilful intent or gross negligence.
SECTION 10 -
SEVERABILITY
In the event that any provision of these Terms 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,
such determination shall not affect the validity and enforceability of any
other remaining provisions.
SECTION 12 -
TERMINATION
Termination of the contract will not affect our
rights to receive any money which you owe to us under the contract.
SECTION 13 -
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right
or provision of these Terms shall not constitute a waiver of such right or
provision.
These Terms constitutes the entire agreement and
understanding between you and us and govern your use of our website and the
purchases you place on our website, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you
and us.
SECTION 14 -
DISPUTES
We will try to resolve any disputes with you
quickly and efficiently.
If you are unhappy with any Products supplied; your
customer experience or any other matter please contact us as soon as possible
by email : my@moaie.care
If we are unable to resolve a dispute with you
using our internal complaint handling procedure, we will notify you as such,
and give you certain information required by law about our alternative dispute
resolution (ADR) provider, including the contact details provided below.
In such a case, or in the event that you are not
happy with the solution provided by our internal complaint service, you can
address your claim to the local dispute resolution body: Stichting
Geschillencommissies voor Consumentenzaken (SGC) (https://www.degeschillencommissie.nl/
). You can also contact your local European consumer center to assist (free of
charge) in resolving a dispute (https://www.eccnederland.nl/).
SECTION 15 -
GOVERNING LAW / COMPETENT JURISDICTION
These Terms of Service shall be governed by and
construed in accordance with the laws of the Netherlands.
If you are a Dutch resident, you can bring a claim
in front of Dutch courts.
SECTION 16 -
CONTACT INFORMATION
Questions about the Terms should be sent to us :
my@moaie.care.
