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E-mail: info@mobii-x.shop
Website: www.mobii-x.shop

 

 

 

Definitions

 

1. MOBII-X, established in Eindhoven, Chamber of Commerce no. 28091608.

2.   Customer: the party which MOBII-X has entered into an agreement with.

3.   Parties: MOBII-X and customer together.

4.   Consumer: a customer who is an individual acting for private purposes.

Applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of MOBII-X. 

2.   Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

3.   The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices used by MOBII-X are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

2.   MOBII-X is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 

3.   Increases in the cost prices of products or parts thereof, which MOBII-X could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 

4.   The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Samples / models 

 

If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.

 

Payments and payment term

1. MOBII-X may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount. 

2.   The customer must have paid the full amount within XXX-days , after delivery.

3.   Payment terms are considered as binding payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without MOBII-X having to send the customer a reminder or to put him in default. 

4.   MOBII-X reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Consequences of late payment

1. If the customer does not pay within the agreed term, MOBII-X is entitled to charge an interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.

2.   When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to MOBII-X. 

3.   The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs. 

4.   If the customer does not pay on time, MOBII-X may suspend its obligations until the customer has met his payment obligation. 

5.   In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of MOBII-X on the customer are immediately due and payable. 

6.   If the customer refuses to cooperate with the performance of the agreement by MOBII-X, he is still obliged to pay the agreed price to MOBII-X. 

Right of recovery of goods 

1. As soon as the customer is in default, MOBII-X is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.

2.   MOBII-X invokes the right of recovery by means of a written or electronic announcement.

3.   As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to MOBII-X, unless the parties agree to make other arrangements about this. 

4.   The costs for the collection or return of the products are at the expense of the customer.

Right of withdrawal 

1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

• the product has not been used

·     it is not a product that can spoil quickly, like food or flowers

·     the product is not specially tailored for the consumer or adapted to its special needs

·     it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)

·     the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)

·     the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity,

·     the product is not a separate magazine or a loose newspaper

·     the consumer has not renounced his right of withdrawal

1. The cooling-off period of 14 days as referred to in paragraph 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 the product of a subscription

·     as soon as the consumer has confirmed the purchase of digital content via the internet

3.   The consumer can notify his right of withdrawal via info@mobii-x.shop, if desired by using the withdrawal form that can be downloaded via the website of MOBII-X, www.mobii-x.shop.

4.   The consumer is obliged to return the product to MOBII-X within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse. 

Reimbursement of delivery costs

1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, MOBII-X will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to MOBII-X in time. 

2.   The costs for return are only reimbursed by MOBII-X if the complete order is returned.

Reimbursement of return costs

 

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.  
 

Suspension of obligations by the customer

 

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

 

Right of retention 

1. MOBII-X can appeal to his right of retention of title and in that case retain the products sold by MOBII-X to the customer until the customer has paid all outstanding invoices with regard to MOBII-X, unless the customer has provided sufficient security for these payments. 

2.   The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to MOBII-X.

3.   MOBII-X is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement 

 

The customer waives his right to settle any debt to MOBII-X with any claim on MOBII-X. 

 

Retention of title 

1. MOBII-X remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to MOBII-X under whatever agreement with MOBII-X including of claims regarding the shortcomings in the performance.

2.   Until then, MOBII-X can invoke its retention of title and take back the goods. 

3.   Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 

4.   If MOBII-X invokes its retention of title, the agreement will be dissolved and MOBII-X has the right to claim compensation, lost profits and interest.

Delivery 

1. Delivery takes place while stocks last.

2.   Delivery takes place at MOBII-X unless the parties have agreed upon otherwise.

3.   Delivery of products ordered online takes place at the address indicated by the customer. 

4.   If the agreed price is not paid on time, MOBII-X has the right to suspend its obligations until the agreed price is fully paid. 

5.   In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by MOBII-X.

Delivery period

1. Any delivery period specified by MOBII-X is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.

2.   The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from MOBII-X. 

3.   Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless MOBII-X cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

Actual delivery

 

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

 

Transport costs 

 

Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

 

Packaging and shipping 

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which MOBII-X may not be held liable for any damage.

2.   If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to MOBII-X, failing which MOBII-X cannot be held liable for any damage.

Insurance

Storage 

1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.

2.   Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

Guarantee

1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 

2.   The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.

3.   The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Indemnity

 

The customer indemnifies MOBII-X against all third-party claims that are related to the products and/or services supplied by MOBII-X. 

 

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