These general terms and conditions, including the Privacy Charter comprises the contractual framework applicable to all the uses of the Site www.moaistone.com (the Site) and to every sales agreement made between Moaistone and the Customer (hereinafter, ‘the Customer’ or ‘You’).
It is important to read, understand and accept each of the terms below, as all the uses of the Site or all the transactions made with Moaistone are subject to the application of the contractual framework, and in particular these general terms and conditions. This Introduction is an integral part of the general terms and conditions.
Contact details of MOAISTONE
The Seller, who also owns the Website, is SPRL Laurent, hereinafter referred as ‘the Provider’, whose contact details are:
- Address: Route de Wallonie 138 – 7331 Baudour - Belgium
- Head office: 17, Résidence La Prairie – 7011 Ghlin – Belgium
- E-mail address: email@example.com
- Telephone: +32 (0)65 60 00 18
- Fax: +32 (0)65 60 00 58
- Website: www.moaistone.com
- CBE/VAT no.: 0401.185.664
These general terms and conditions determine the rights and obligations of the parties (that is, the Provider and the Customer), in the framework of:
- the dissemination of the Website www.moaistone.com;
- the sale of Products by the Provider to the Customer, in particular through the Website.
The purpose of the Website www.moaistone.com is to describe the Products supplied by the Provider, while allowing the Customer, when applicable, to order online. The Website is available in French, Dutch and English. Contract documents are also available in these three languages and all the communication between the Customer and the Provider may be conducted in these three languages.
These General Terms and Conditions also include provisions relating to the conditions of sale of Moaistone’s Products, to its Customers, by any means of communication.
The Provider advises the Customer to save or print these General Terms and Conditions.
Customer General duties
Prohibition of illegal or illicit use
The Customer s informed that all current laws and regulations are applicable on the internet.
The Customer certifies that he/she will not access the Site and that he/she will not order any Products for purposes that are illegal or prohibited by all the applicable laws, these General Terms and Conditions or the Privacy Charter.
By accessing the Site or by ordering a Product (whatever the means of communication used), the Customer guarantees and certifies that he/she:
- is at least 18 years old and that he/she has the legal capacity to engage into this contractual relationship (and, in the context of a legal person, that he/she has the power to represent and engage it);
- is acting for professional purposes (excluding any visit to the Site and any order of Products as consumers);
- has read and approved these General Terms and Conditions, and the Privacy Charter;
- is the owner of the credit card with which the payment will be made or that he/she has received consent in due form by the owner of the credit card to use it within the framework of the contract concluded with the Provider.
Registration and creation of a user account
Any online purchase requires the creation of a user account by the Customer.
The creation of a user account requires the identification of the Customer. Access to the user account is reserved for the Customer after identification by means of his/her username, and password freely chosen by the Customer.
The Customer is the sole guarantor of the information stored in his/her account. He/she may add change or remove them at any time. The Customer acknowledges that his/her password is strictly personal and confidential. The use of the username and the password on the internet is at the Customer’s own risk. It is his/her responsibility to take all necessary steps to protect his/her data against any infringement. To this end, The Provider cannot be held liable for any fraudulent access to his/her account of any changes made thereto.
At the end of the account identification or creation/use process, the Provider reserves the right to refuse access to the Site and to services if it considers that the Customer has disregarded any applicable legal or regulatory provisions, these General Terms and Conditions or the Privacy Charter.
The provider may delete a user account on its own initiative. This deletion may be due to account inactivity for a given period of time, and/or a temporary measure taken by the Provider against a suspicious account, for example, when the Provider may have good reason to believe that the User does not comply with these General Terms and Conditions, and/or when a request is made by a third party who alleges a violation of the rights of the former. The Customer cannot claim any compensation for this deletion, even when the suspicion or allegation proves to be mistaken.
The Customer undertakes to provide complete, accurate and up-to-date information.
Personal data processed in the context of the creation, and the subsequent use of the account are subject to the Privacy Charter provisions.
Provider Guarantee and responsibility
The content of the Site as well as all the accessible services through it is provided in ‘the state’, ‘as are’ and without any express or implied guarantee as regards the conditions of their use and/or their availability.
Access to the Site
The Provider makes every possible effort to keep the Site accessible 24/7.
The Provider reserves the right to interrupt, temporarily suspend or change without notice access to all or part of the Site and/or the services accessible through it, in order to ensure its maintenance, upgrade it or for any other reason, especially technical, without such manoeuvres involving any obligation or compensation.
Quality of information and content – description of the products
The Provider is only under a best endeavours obligation; it does not bear any obligation of result of any kind whatsoever.
Generally speaking, the Provider does not guarantee the completeness, comprehensiveness, accuracy, legitimacy, reliability or availability of the content and information on the Site. It will implement all of the means available in order to offer a quality content to Customers.
The Provider makes every possible effort to ensure that the information describing the Products is as accurate and precise as possible. However, due to the sector of activity, it is not possible to guarantee the accuracy of this data, particularly with regard to the size of the Product, its weight, exact dimensions and measures, etc.
The images appearing on the Site are not contractual and have the sole purpose of illustrating the Site. The purchased Product may, therefore, differ from the images.
The offers and prices are stated in euros (and, unless otherwise, excluding VAT) and are only valid on the date the order is placed. Independently of a specific ordering process, they may be changed at any time without notice. Only the price stated on the Site shall prevail between the Parties. However, given the large amount of data appearing on the Site, some may be inaccurate; to that end, if the price stated is clearly wrong, the Customer may not demand that the sale be concluded at this price.
The Provider endeavours reasonably and with due diligence to maintain the operational security and integrity of the Site and the services provided through it by adopting security measures appropriate to the nature of the data and the risks inherent in its activity. However, many factors outside of the Provider’s control can interfere with the operation of the Site. Therefore, the Provider does not guarantee continuous, uninterrupted or secure access to its services. Correlatively, The Service Provider may in no case be responsible for an interruption of access to the Site, and of the consequences that may arise therefrom.
The Provider can never be held responsible for any damages (direct or indirect) or temporary or permanent incident that may be caused to the Customer’s computer data or hardware when accessing the Site or during a visit to his/her account or generally during the transmission on his/her receiving device of files and software that comprise the Site.
Despite its efforts to ensure the accuracy of the information and/or documents on the Site the Provider disclaims all liability of any nature whatsoever, in the event of inaccuracy or failure to update information and/or a document present on the Site, within the limits permitted by the law.
Within the limits laid down by the law, the Provider shall not be held responsible for the damages sustained by the Customer related to a case of force majeure or linked to any commercial harm, loss of goodwill, loss of brand image, commercial problems or any other indirect damages arising out of or in connection with the sale of Products, the access to the Site or the use of services provided through it. In any event, the potential liability of the Provider for damages suffered by the Customer due to a failure by the Provider can never exceed the value of the Products acquired by the Customer and for which such a failure is alleged.
Conclusion of the contract of sale
Online order and confirmation
All orders placed on the Site is divided into several stages: each stage is validated by clicking on the confirmation icon. The order process follows a logical, transparent path displayed to the Customer via suitable page design and graphics. The order process allows errors to be corrected, particularly with the provision, at the end of the order process, of a summary that the Customer is invited to validate (or not, by going back to make any changes).
The Provider is bound by the order placed by the Customer once it has sent an e-mail confirming acceptance and process of the order. This confirmation e-mail sets out the details of the order.
Where appropriate, the order may not be validated by the Provider. Especially under one of the following hypotheses:
- the Article is not in stock (even if, in principle, only the Products available in stock are put up for sale on the Site);
- the issuer of the bank card refuses to validate the payment or in the event of suspicion of fraud;
- the Products are ordered in an unusual number or to an address to which the Provider cannot undertake to deliver.
If the order is not validated, the sums, if any, by the Provider are fully refunded to the Customer.
Payment and invoice
In principle, any Product purchased online must also be paid on the Site, at the time of order, by using one of the means of payment accepted by the Provider (payment by credit card, for example). As an exception, the Parties may agree that the payment will be made upon receipt of the invoice.
In any event, any order will result in the issue of an invoice. The Customer agrees that this invoice may be issued, where appropriate, in electronic format.
Unless otherwise, all invoices are payable in cash, net, without discount, on the due date.
The non-payment of a single invoice on the due date automatically renders the balance outstanding on all other invoices due, even those not due. Invoices automatically bear an interest by right from the due date at the rate of 1,5% per month of delay without prior formal notice, in a deviation from Article 1146 of the Civil Code.
Pursuant to Article 1229 of the same Code and the Act of 02 August 2002 concerning the fight against late payment in commercial transactions, if an invoice is not paid on the due date, the damages are fixed, by mutual agreement, at a flat rate of 15% of the unpaid amount with a minimum of €25.00 as an irreducible penalty clause, without prejudice to the potential application of Article 1244 of the Civil Code. The Provider also reserves the right to claim, in addition to this lump sum, reasonable compensation for all the other recovery costs in addition to this lump sum and incurred as a result of the late payment, including procedural compensation in accordance with the provisions of Judicial Code.
The formal notice costs by registered letter and the legal and judicial officer costs will be charged to the client.
All complaints related to an invoice must be submitted in writing within the 15 days following the reception of the invoice by the Customer. After this period the invoice is definitely considered accepted by the Customer and no complaint will be considered.
Any other complaint should be submitted by registered letter within the 8 days following the delivery and/or installation date. The Provider retains title to the products being sold until the price has been paid in full.
The Customer may ask the Provider to organise the delivery of the ordered Product (at the expense of the Customer) or to pick up the Products directly at the Provider’s.
If the delivery option is chosen, the Provider undertakes to make every possible effort to deliver the ordered Product within the period indicated in the confirmation e-mail. The delivery delays mentioned on the site are provided for information purposes only. They correspond to the usual average period for processing and deliver Unless the Parties agree to a binding delivery delay, the Parties acknowledge and accept that no compensation can be obtained in the event of late delivery.
Unless otherwise agreed by the Parties, the risk of loss or damage of the Products is transferred to the Customer at the moment of the conclusion of the contract.
Intellectual property rights
Provider intellectual property
The Provider only grants the Customer a free, personal, unexclusive and non-transferable right of access to the Site and to the use of the services available through it, subject to these General Terms and Conditions.
The Site (considered as an inseparable whole) and the different features contained on it (such as texts, photographs, catalogues, page layouts, trademarks, logos, illustrations, specific software, videos) are protected by intellectual property rights owned by the Provider or its licensors. Where appropriate, they have been authorised for publication, dissemination or a right of use acquired from these third parties.
The logo, the name of the products, services or the name of companies mentioned on this Service are likely to constitute trademarks, trade names and company names of their respective title holders. The Customer expressly undertakes to abide by these intellectual property rights.
Subject to the exceptions provided by law, this list not being exhaustive, the Customer shall not: modify, copy, distribute, transmit, disseminate, publish, license, transfers, sell, reproduce or have reproduced any or part of the information, software, products or services obtained from the Site, temporarily or permanently, by any method, known or unknown, on any medium, without the prior written consent of the Provider. Failure to observe this prohibition shall constitute an infringement that may result in the civil and criminal liability of the infringer.
Hyperlinks to the Site are tolerated provided they refer to the home page and do not contain any denigrating or defamatory remarks concerning the Site or the services accessible through it.
Modification of the General Terms and Conditions
These General Terms and Conditions may be modified by the Provider at any time without notice in accordance with the modifications made to the Site, or changes in legislation, or for any other legitimate reason.
In the particular case of a necessary adaptation of the Site and the services available through it to reflect legislative changes, the Provider will do its utmost to perform these adaptations as quickly as possible. During this period, the Customer recognises that the Provider shall not be held liable for temporary shortcomings of conformity.
The new General Terms and Conditions are put online with the date of modification and are immediately applicable to all Customers.
The General Terms and Conditions applicable at the moment of the conclusion of the contract are binding on the Parties unless otherwise agreed. The version of the General Terms and Conditions enforceable between the Parties is permanently available on the Site.
The Customer undertakes to keep him/herself informed of such modifications by regularly consulting the Site page displaying the General Terms and Conditions.
Agreement on proof
The Parties agree that they can proceed with the exchange of information required for the execution of these General Terms and Conditions by electronic means. All electronic communication between the parties is presumed to have the same probative force as paper-based communication.
Invalidation of a Clause of These General Terms and Conditions
If one or several clauses of these General Terms and Conditions or the Privacy Charter were to be declared invalid, The Contracting Parties agree that the other provisions will remain fully applicable. The clause that is null and void, invalid, illegal or inapplicable shall be replaced retroactively by a valid and applicable clause whose content is as similar as possible, economically or functionally, to that of the original clause.
Applicable law and court jurisdiction
These General Terms and Conditions are governed by and interpreted in accordance with Belgian law.
Any dispute related to the use of this Service and the validity, interpretation, execution or non-execution of these General Terms and Conditions will be subject to the exclusive jurisdiction of the Belgian courts of the District Court of Mons, and this for all types of procedure.