General terms & conditions
Please read these General Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these General Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these General Terms are considered an offer, acceptance is expressly limited to these General Terms and Conditions.
Any new features or tools which are added to the Products shall also be subject to the General Terms and Conditions. You can review the most current version of this document at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions by posting updates and/or changes to our website. We advise you to keep an eye on possible changes and to check this page periodically for changes.
General Terms and Conditions, (hereinafter “GTC”) of MSTERDM.com. MSTERDM is a trade name of MOOVS B.V. (in the following: “MOOVS”) with registered seat with seat at Tweede Jan Steenstraat 84-86 1074 CR, Amsterdam, The Netherlands.
MOOVS B.V. is registered by the Dutch ‘Kamer van Koophandel’ with number 27324321.
This website is operated by MOOVS B.V. Throughout the site, the terms “we”, “us” and “our” refer to MOOVS. MOOVS 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.
Scope
1.1 These GTC shall apply exclusively to all requests for offers, offers, order confirmations and agreements made by or with MOOVS. Supplementary or deviating terms and conditions of the customer do not apply unless we have expressly agreed to their validity in writing.
1.2 All offers shall only apply with reference to business enterprises, public law entities or organisations and institutions, hereinafter referred to as “Customer”. MsterdM does not operate in relation with Consumers.
1.3 These GTC shall apply for the entire duration of the business relationship, i.e. for subsequent
requests, negotiations or agreements as well.
1.4 All other terms and conditions – including those of the Customer – are not binding upon us.
1.5 In the event any provision of these GTC be held to be entirely or partly invalid, this shall not affect the validity of the remaining provisions of these General Terms.
1.6 For the purpose of these General Terms the term “in writing” includes also all communication between the parties by means of email.
Offers, orders and agreements
2.1 Proposals or offers issued by us are only binding during the period stated on the proposal or offer.
2.2 Agreements are only effective upon written confirmation of a (signed) offer or order by MAXXSECURE or when explicitly confirmed in writing.
2.3 We reserve the right to refuse service to anyone for any reason at any time.
2.4 It is your responsibility to provide current, complete and accurate purchase and account information for all purchases made on our webpage. 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.
Webshop
3.1 MSTERDM Products can be ordered by the Customer via the MSTERDM webshop (hereinafter referred to as ‘Webshop’). For orders placed via the Webshop, the agreement is only effective if the order is confirmed by us.
3.2 MSTERDM does not guarantee a permanent, undisturbed, problem and error-free availability of the Webshop. More specifically, we do not guarantee that the Webshop is free of system errors, interruptions and/or malfunctions.
3.3 Access to the Webshop is subject to the terms of use of the Webshop. When the Customer uses the Webshop, he agrees to said terms of use.
Accuracy
4.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
4.2 We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Third Parties’ tools
5.1 We may provide you with access to third-party tools over which we have no control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall not be held liable for your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Prices
6.1 For order outside the Netherlands, unless agreed otherwise, prices and deliveries are exclusive of any shipping and transportation costs. In this case these costs are indicated separately.
6.2 Prices for our products are subject to change without notice. We reserve the right at any time to modify the prices without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6.3 Unless otherwise specified, all prices are expressed in Euros excluding (Dutch) VAT and other government-required taxes, as well as any travel, shipping and administrative costs indicated in the Agreement, unless otherwise specified.
6.4 We are not liable for wrong price listings or other factual errors in the offer and/or the estimate, on the website, in advertisements, in publications, in order confirmation, in invoices or in other documents if the Customer may reasonably understand or could have understood that the error was the result of a mistake or clerical error.
6.5 All payments must be made with through bank transfer (Ideal/Sofort/other) . It is up to MOOVS to opt for a delivery on account. If a Customer is approved for buying on account all invoices should be paid within fourteen (14) days after the invoice date, without any right of discount, deduction or deferment, in the manner indicated by us and in the currency on the invoice, unless otherwise stated in the Agreement.
6.6 In case the Customer has not paid the invoice within seven (7) days after due date, the Customer will be considered legally in default and from that moment the Customer will be charged interest in accordance with the legal interest rate as indicated in Article 6:119 BW (Dutch Civil Code). The interest over the amount due will be calculated from the moment that the Customer is in default until the moment of the payment of the full amount due.
6.7 If, after the end of the term listed in the previous paragraph, MOOVS is required to take collection measures, then the Customer will be held responsible for all costs made on behalf of the credit recovery . Any legal or executive costs will also be charged to the Customer. Legal costs include attorney at law and local counsel fees. The Customer is also responsible for interest over the collection costs due.
6.8 In the event of bankruptcy or suspension of payments by the Customer, or an application thereto, the amounts due to MOOVS and the obligations of the Customer towards MOOVS are immediately due and payable.
Products
7.1 Our products are be available exclusively online through the website. Please consider that these products or services may have limited quantities and are subject to return or exchange only according to these General Terms and Conditions. We have made every effort to display as accurately and clearly as possible the colours and images of our products on our website. Nevertheless, we cannot guarantee that any colour will be accurate.
7.2 We reserve the right to limit the quantities of any products or services that we offer.
7.3 All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
7.4 We reserve the right to discontinue any product at any 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.
DELIVERY
8.1 The Products available in stock will be shipped within three (3) (Dutch) working days after the receipt of the order. We may charge shipping charges for the Products ordered. The Products will be delivered to the permanent address made known to us and will be released to the natural person present at that address. When Products cannot be delivered from stock, we will inform you in the written confirmation of your order and provide an indication of the expected delivery term.
8.2 Our delivery requirement is considered to be fulfilled as soon as the Products provided have been offered to the you the first time, subject to proof of the contrary. In the event of home/office delivery, the report of the transporter regarding the refusal to accept or the absence of the Customer serves as full proof of an offer to deliver, subject to proof of the contrary.
8.3 Products which have not been collected by the Customer remain available to the Customer and will be stored at expenses of the Customer.
8.4 The delivery period will be given as an estimate and should never be considered as a strict deadline.
8.5 If we are not able to comply with the delivery period due to circumstances beyond our control, we will not be considered in default and are not liable for any damages to you.
8.6 The risk of loss, damage or depreciation is transferred to the Customer at the moment of delivery, as should occur on grounds of these General Terms and Conditions.
GUARANTEES
9.1 We guarantee that the Products delivered or to be delivered satisfy all customary requirements and norms that can be reasonably expected at the moment of delivery, and for which they are customarily used in the Netherlands. The guarantee mentioned in this Article is applicable to Products destined for use within the Netherlands. For use outside of the Netherlands, you must verify whether the article is suitable for use in that location, and whether it meets the conditions set for use in that location. Use outside of the Netherlands does not fall under the terms of the guarantee mentioned in this Article.
9.2. The guarantee mentioned in paragraph 1 is valid for a period of six (6) months after delivery, unless the nature of the Product delivered determines otherwise or unless the parties have agreed to other terms. If the guarantee issued by us applies to a Product or Products produced by a third party, then the guarantee is limited to the terms set by the producer of the Product or Products. Upon the expiration of the guarantee period, all costs for repair or replacement, including administration, delivery and call-out fees will be charged to the Customer.
9.3 The invoice the sale will function as proof of guarantee.
9.4 If the Products delivered/to be delivered does not meet the terms as intended in paragraph 1, we will replace it or repair it within a reasonable time frame after receipt of the item, or if return of the item is not reasonably practicable, after written notification of the defect by the Customer. In the event of replacement, the Customer commits to return the Product to be replaced to us.
9.5 Each form of guarantee becomes null and void if the defect is the result of improper or erroneous utilization of the Product or, if applicable and without the written permission of MOOVS, use after the use-by date, incorrect maintenance by the Customer or when the Customer or third parties (attempt to) make changes to the Product or attach other items that should not be attached, or if the Products have been processed or manipulated in a manner other than specified.
9.6 No claim can be made if the defect is the result of conditions on which we cannot exercise influence, including weather circumstances.
9.7 Without prejudice to the aforementioned, we are not liable for damages resulting from intention and/or negligence and/or imputable acts or omissions or improper use by the Customer.
LIABILITY
10.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of our website will be accurate or reliable.
10.2 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.
10.3 The website and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall MOOVS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility.
Personal Information
11.1 You acknowledge that information about you, including information provided upon using this website and placing an order will be collected, held and used by us in accordance with our Privacy Policy (link naar Privacy Policy)
Prohibited uses
12.1 You shall abstain from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual Property
13.1 The Website contains intellectual property including but not exclusively trademarks, copyrights, designs, patents and confidential information.
13.2 All intellectual property in the Website is owned by MOOVS or its licensors and unless permitted by law, you shall refrain from:
(a) modifying, adapting, reproducing, storing, distributing, transmitting, printing, displaying, performing, publishing or creating derivative works from any part of the Website; or
(b) commercialising any information, products or services obtained from any part of Website or Application without our prior written consent.
13.3 You agree to indemnify, defend and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach or violation of the intellectual property of a third party.
Notice of defects and Return Policy.
14.1 It is your responsibility to check the Products or the Services upon delivery for transport damage or any other form of damage. You must provide written notice of visible defects within seven (7) days after delivery of the Products or performance of the Services or within seven (7) days after detection of the defect, by including a specific description of the nature of the defect.
14.2 At our request, the Customer is obliged to send the defective product back to us and shall bear the cost of returning it.
14.3 Disputes between the Customer and us regarding quality, delivery or any other complaint submitted by the Customer shall not entitle the Customer to suspend payment.
14.4 Acceptance of the returned Products or our examination of the defect does not entitle you to any claims or legal consequences.
14.5 You have the right to exchange or return the defective product within 25 days after receipt of the goods. The goods can only be returned in undamaged condition and original undamaged packaging, they must be in the same condition and must not have been used or worn. When Products are not returned in the same condition we may refuse the returned product(s). Unstamped or insufficiently stamped returns will be refused. Please note: not every article can be exchanged. Items may only be exchanged once per order. If this condition is not met, any right to exchange an article expires. We will then have to charge you for all costs incurred. If the customer does choose another (substitute) product, we will credit the outstanding amount within 30 days after complete handling of the return. This also includes the shipping and handling costs.
Termination, legal succession and assignment
15.1 Both parties have the right to cancel the agreement in the following cases only:
- a) There is a deliberate or gross failure in the fulfilment of material obligations under the agreement by the other party, and this failure is not remedied within a reasonable period given in writing by the
affected party; or
- b) The other party ceases or threatens to cease carrying on its business, becomes insolvent, files an
application for bankruptcy, enters into a composition with its creditors or goes into liquidation.
15.2 Orders are binding also on the legal successor of the Customer or MOOVS. The rights and obligations as determined in the agreement and these General Terms may not be assigned by either party without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. The aforementioned will not apply in case of assignment to legal successor(s). Such an assignment will be valid upon the notification to the other party in writing.
Indemnification
16.1 The Customer indemnifies us from any claims by third parties who suffer damages in connection to the execution of the Agreement, and in which the cause is not attributable to us.
16.2. If we are approached by third parties, then the Customer is required to support us both out of court and in court and to do all that can be expected without hesitation. If the Customer fails to take adequate measures, then we are entitled to do so without being in default. All costs and damages on the side of MOOVS and third parties will be at the risk and cost of the Customer.
Force Majeure
17.1 The parties are not obliged to comply with any obligation if they are hindered by circumstances that do not result from fault, or by law, legal action, or generally accepted practice.If a shortcoming in compliance with the contractual obligation is the result of force majeure on the side of one of the parties, the other party is allowed to terminate the Agreement. The party claiming force majeure is on the grounds of Article 6:78 BW (Dutch Civil Code) only liable for the damages of the other if and insofar they, due to the shortcoming, enjoy an advantage that they would not have in the event of proper compliance, to the amount of this value.
17.2. Force majeure is present when external causes, foreseen or unforeseen, on which we cannot exercise influence, make impossible for us to fulfil our obligations.
17.3 The parties may suspend the Agreement for as long as the force majeure continues. If this period lasts longer than two (2) months, each of the parties may terminate the Agreement, without being liable to compensation to the other party.
Severability
18.1 In the event that one of the provisions of these General Terms and Conditions or the agreement with you should, for whatever reason, be void or invalid, this shall not affect the validity of the other provisions.
Governing law
19.1 These General Terms and any agreement to which these General Terms are applicable and any dispute or claim arising out of or in connection with these General terms and Conditions and the agreement shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflict of law provisions and excluding the UN Convention for the International Sale of Goods.
19.2 All disputes arising out of or in connection with these General Terms and any agreements to which these General Terms and Conditions are applicable or further agreements resulting there from, shall be settled by the District Court of Amsterdam, The Netherlands.
Last modified on 05.05.2020
