GENERAL TERMS AND CONDITIONS

Last updated on 21 September 2021

The website:

MBI bv

(hereinafter the "Platform")

is an initiative of:

MBI bv
Vlamingveld 55  
8490 Jabbeke  
Belgium  
Company number (KBO number) BE0876165366  
E-mail: [email protected]  
Telephone: +32 50 68 00 19

(hereinafter "we" or "MBI bv" or the "Vendor")

 

I. GENERAL TERMS AND CONDITIONS OF USE

1. Scope

These General Terms and Conditions of Use apply to any visit to or use of the Platform by an internet user (hereinafter referred to as the "User").

 

By visiting or using the Platform, the User acknowledges that they have read these General Terms of Use and expressly accepts the rights and obligations contained therein.

 

By way of exception, the provisions of the General Terms and Conditions of Use may be waived by written agreement. Such waivers may consist of the modification, addition or deletion of the provisions to which they relate and shall not affect the application of the remaining provisions of the General Conditions of Use.

 

We reserve the right to amend our General Terms and Conditions of Use at any time and without notice, but we undertake to apply to a User the provisions in force at the time when the User used the Platform.

 

2. Platform

a. Accessibility and Navigation

We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot provide an absolute guarantee of operation, and our actions must therefore be considered as being covered by a resources commitment.

 

Any use of the Platform is always at the User's own risk. We are therefore not liable for damages that may result from any malfunctions, interruptions, defects or even harmful elements on the Platform.

 

We reserve the right to restrict access to the Platform or interrupt its operation at any time, without prior notice.

 

b. Content

MBI bv largely determines the content of the Platform and takes great care of the information contained therein. We take all possible measures to keep our Platform as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to modify, supplement or delete the Platform and its content at any time, without incurring any liability.

 

MBI bv cannot offer any absolute guarantee regarding the quality of the information on the Platform. As a result it is possible that this information is not always complete, accurate or up-to-date. Consequently, MBI bv cannot be held responsible for any damage, directly or indirectly, that the User may suffer as a result of the information provided on the Platform.

 

If certain content of the Platform violates the law or the rights of third parties, or is contrary to good morals, we ask each User to inform us as soon as possible by email, so that we can take appropriate measures.

 

Any download from the Platform is always at the User's own risk. MBI bv is not liable for any damages, direct or indirect, resulting from such downloads, such as loss of data or damage to the User's computer system, which are the sole and exclusive responsibility of the User.

 

3. Links to other websites

The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that there is a relationship between MBI bv and the external website or even that there is an implicit agreement with the content of these external websites.

 

MBI bv has no control over such external third party websites.

 

Therefore we are not responsible for the safe and correct functioning of the hyperlinks and their final destination. As soon as the User clicks on the hyperlink, he/she leaves the Platform. We are therefore not liable for any further damage.

 

 

4. Intellectual Property

The structure of the Platform, as well as the content, texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. from which the Platform is composed or which can be accessed through the Platform, are the property of MBI bv or MBI bv has obtained the necessary rights, and as such are protected by the current and applicable legislation on intellectual property.

 

Any representation, reproduction, adaptation or partial or full exploitation of the content, brands and services offered by the Platform, by any means whatsoever, without the prior, express and written consent of MBI bv is strictly prohibited, with the exception of elements expressly indicated as "royalty-free" on the Platform.

 

The Platform User is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial purposes. Unless otherwise agreed in writing in advance, the User is not allowed to modify, reproduce, translate, distribute, sell or communicate to the public the protected elements in whole or in part.

 

The User is prohibited from entering any information on the Platform that would or could alter the content or appearance of the Platform.

 

5. Protection of personal data

We assure the Users that we attach the greatest importance to the protection of their privacy and personal data, and that we always strive to communicate clearly and transparently in this regard.

 

Personal data provided by Users during their visit or use of the Platform are collected and processed by MBI bv solely for internal purposes.  

 

MBI bv undertakes to comply with the applicable legislation in this area, in particular the Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the "General Data Protection Regulation" or "GDPR") and the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.

 

The User's personal data is processed in accordance with the Privacy Policy available on the Platform.

 

6. Applicable law and competent jurisdiction

These General Terms of Use are governed by Belgian law.

 

In the event of a dispute and in the absence of an amicable settlement between the parties, the dispute shall be brought before the courts of the judicial district where MBI bv has its registered office.

 

7. Other provisions

MBI bv reserves the right to modify, extend, delete, limit or interrupt the Platform and the related services at any time, without prior notice and without liability.

 

In the event of a breach of the General Terms and Conditions of Use by the User, MBI bv reserves the right to take appropriate sanctions and compensation measures. MBI bv reserves the right to deny the User access to the Platform or our services temporarily or permanently. These measures may be taken without stating reasons and without prior notification. They may not involve the liability of MBI bv or give rise to any form of compensation.

 

The unlawfulness or total or partial invalidity of any provision of our Terms and Conditions of Use shall not affect the validity and application of the remaining provisions. In such a case, we shall be entitled to replace the provision by another valid provision serving the same purpose.

 

II. GENERAL TERMS AND CONDITIONS OF SALE

1. Scope of Application

These General Terms and Conditions of Sale define the mutual rights and obligations in the case of the purchase of products or services on the Platform by a User (who, for the purposes of the General Terms and Conditions of Sale, is hereinafter referred to as "Customer").

 

The General Conditions of Sale express all of the obligations of the parties. The Customer is deemed to accept them without reservation, failing which their order will not be validated.

 

Exceptions to the provisions of the General Terms and Conditions of Sale may be made in exceptional cases, provided these exceptions are agreed in writing. Such exceptions may consist of amending, adding or deleting provisions to which they relate and shall not affect the application of the other provisions of the General Terms and Conditions of Sale.

 

MBI bv reserves the right to change the General Terms and Conditions of Sale from time to time. The amendments shall apply as soon as they are put online for any purchase after that date.

 

2. Online shop

Via the Platform, the Vendor makes an online shop available to the Customer, which presents the products or services offered. The presentation of the products or services offered (e.g. through photographs) has no contractual value.

 

The products or services are described and presented with the greatest possible accuracy. However, the Vendor cannot be held responsible for any errors or omissions in the presentation.

 

The products and services are offered within the limits of their availability.

 

The prices and taxes are listed in the online shop.

 

3. Price

The Vendor reserves the right to modify its prices at any time by publishing them online.

 

Only the prices and taxes in force at the time of the order shall apply, subject to availability on that date.

 

The prices are indicated in euros and do not take account of any delivery costs, which are also indicated and invoiced before the order is validated by the Customer.

 

The total amount of the order (all taxes included) and, where applicable, the delivery costs are indicated before final validation of the order.

 

4. Online ordering

The Customer has the possibility of completing an order online using an electronic form. By completing the electronic form, the Client accepts the price and description of the products or services.

To validate his order, the Customer must accept these General Terms and Conditions of Sale by clicking on the indicated place.

The Customer must provide a valid email address, billing details and, if applicable, a valid delivery address. Any communication with the Vendor can be made via this email address.

The Customer must also choose the delivery method and validate the payment method.

The Vendor reserves the right to block the Customer's order in the event of non-payment, incorrect address or any other problem on the part of the Customer until the problem is resolved.

 

5. Confirmation and payment of the order

The Vendor remains the owner of the ordered items until full payment of the order has been received.

 

a. Payment

The Customer shall make the payment at the time of the final validation of the order using the chosen payment method. This validation is valid in place of a signature.

 

The Customer guarantees the Vendor that he has the necessary authorisations to use this method of payment and acknowledges that the information provided for this purpose is proof of his agreement to the sale and payment of the sums due in connection with the order.

 

The Vendor has put in place a procedure for checking orders and means of payment in order to provide a reasonable guarantee against any fraudulent use of a means of payment, including by requesting identification details from the Customer.  

In the event of refusal of authorisation to pay by credit card by accredited organisations or in the event of non-payment, the Vendor reserves the right to suspend or cancel the order and its delivery.

 

The Vendor also reserves the right to refuse an order from a Customer who has not completed a previous order, or has completed it only in part, or with whom a payment dispute is pending.

 

b. Confirmation

Upon receipt of validation of the purchase with payment, the Vendor shall send the Customer the purchase and an invoice, unless the latter is included with the order.

 

The Customer may request that the invoice be sent to an address other than the delivery address by making a request to customer services before delivery (see contact details below).

 

In the event of the unavailability of a service or product, the Vendor shall inform the Customer by email as quickly as possible in order to replace or cancel the order for this product and possibly refund the price involved, the remainder of the order remaining firm and final.

 

6. Proof

Communications, orders and payments between the Customer and the Vendor may be proved by means of computerised records kept in the Vendor's computer systems under reasonable security conditions.

 

Orders and invoices shall be archived on a reliable and durable medium which shall be regarded as proof in particular.

 

7. Delivery

Delivery shall only take place following confirmation of payment by the Vendor's bank.

 

Products shall be delivered to the address indicated by the Customer on the online order form. Additional costs resulting from incomplete or incorrect information provided by the Customer shall be charged to the Customer.

 

Delivery will be made, according to the method chosen by the Customer, within the following periods:

 

2 to 5 working days

 

Delivery times are indicative. In the event of late delivery, no compensation may be claimed from the Vendor or the carrier. However, if the delivery times exceed thirty days from the date of the order, the sales contract may be cancelled and the Customer reimbursed.

 

a. Checking the order

On receipt of the products, the Customer or the recipient shall check the good condition of the product delivered or the conformity of the service provided.

 

In the event that one or more of the products ordered are missing or damaged, the Customer or the recipient must make the necessary reservations to the carrier at the time of delivery and inform the Vendor immediately.

 

Verification shall be deemed to have been carried out as soon as the Customer or a person authorised by him has accepted the order without reservation.

 

Any reservation which is not made according to the rules defined above and within the time limits laid down shall not be taken into account and shall release the Vendor from any liability towards the Customer.

 

b. Delivery error

In the event of a delivery error or non-conformity of the products with the information on the order form, the Customer shall inform the Vendor within three working days following the delivery date.

 

Any complaint not made within this period shall not be taken into account and shall relieve the Vendor of any liability towards the Customer.

 

c. Returns and exchanges

The product to be exchanged or refunded must be returned to the Vendor in its entirety and in its original packaging, in accordance with the following arrangements:

 

________

 

Any complaint and any return not made in accordance with the rules defined above and within the time limits laid down cannot be taken into consideration and relieves the Vendor of any liability to the Customer.

 

Any product to be exchanged or refunded must be returned to the Vendor in its entirety and in its original packaging.

 

The costs of returning the product shall be borne by the Customer.

 

8. Guarantees

The Vendor guarantees the conformity of the products or services with the contract in accordance with the legislation in force at the time of conclusion of the contract.

 

If the Customer is a consumer, he has two years from the delivery of the product to implement the legal guarantee of conformity. Notwithstanding, if the product purchased was a second-hand good, the warranty period is one year.

 

The lack of conformity must be notified to the Vendor as soon as possible and in any case no later than two months after the discovery of the sale.

 

9. Right of withdrawal

This article applies only if the Customer is a consumer. If this is the case, the Customer may exercise its statutory right of withdrawal and cancel the contract within 14 working days of delivery (taking possession) of the goods or within 14 days of conclusion of the service contract.

 

a. Return and refund

After notification of his decision to withdraw, the Customer has 14 days to return or refund the goods.

 

The Customer may request a refund of the returned product at no additional cost. However, the costs of returning the goods shall be borne by the Customer.

 

The return or exchange can only be accepted for the products if they are still complete, intact and in their original state, in particular with complete, intact packaging and in a state of resale.

 

The Vendor shall reimburse the Customer for all sums paid, including the delivery costs, within 14 days of the return of the goods or the sending of the proof of posting of the goods.

 

b. Exceptions to the right of withdrawal

Any revocation not carried out in accordance with the rules and time limits set out in this Article and the applicable legislation shall not be taken into consideration and shall relieve the Vendor of any liability towards the Customer.

 

If the order relates, in whole or in part, to the delivery of digital content which is not supplied on a tangible medium, the Customer expressly agrees that the contract may be performed immediately. The Customer hereby acknowledges that he or she loses the right of withdrawal if the agreement is executed immediately.

 

c. Template form Revocation

For the attention of:

 

MBI bv  

Vlamingveld 55  

8490 Jabbeke  

Belgium  

Company number (KBO/VAT) BE0876165366  

E-mail: [email protected]  

Telephone number: +32 50 68 00 19

 

I/We (*) hereby inform you (*) of my/our (*) withdrawal from the contract concerning the good (*)/the provision of the service mentioned below:  

________________________________  

________________________________  

________________________________

 

Ordered on (*)/received on (*): __________

 

Name(s) of the consumer(s): __________

 

Address(es) of consumer(s): __________

 

Signature of the consumer(s) (only if this form is completed on paper)  

____________________

 

Date: __________

 

* Delete where not applicable

 

10. Data Protection

The Vendor shall keep proof of the transaction, including the purchase order and the invoice, in its computer systems and under reasonable security conditions.

 

The Vendor guarantees its Customer the protection of his personal data in accordance with the Privacy Policy available on the Platform.

 

11. Force majeure

If the Vendor is prevented from fulfilling the order, in whole or in part, by an unforeseen circumstance beyond its control, this is deemed to be a case of force majeure.

 

In the event of force majeure, the Vendor is entitled to suspend the execution of the order in full or in part for the duration of the force majeure. The Vendor shall inform the Customer of this immediately.

 

If the force majeure lasts for more than 90 days without interruption, each of the parties shall be entitled to terminate the contract unilaterally by registered letter to the other party. The services already provided by the Vendor shall nevertheless be invoiced to the Customer on a pro rata basis.

 

12. Independence of provisions

If one or more provisions of these General Terms and Conditions of Sale are declared unlawful or null and void, the other provisions shall remain in full force.

 

The illegality or nullity, in whole or in part, of any provision of these General Conditions of Sale shall not affect the validity and application of the other provisions.

 

The Vendor reserves the right to replace the unlawful or invalid provision with another valid provision of similar purpose.

 

13. Applicable law and competent court

These General Terms of Sale shall be governed by Belgian law.

 

In the event of a dispute and failing an amicable solution, the dispute shall be submitted to the courts of the judicial district where the Vendor has its registered office.