• Home
  • General Terms and Conditions

General Terms and Conditions

GENERAL CONDITIONS

Index: 

ARTICLE 1: GENERAL PROVISIONS 

ARTICLE 2: PRICE 

ARTICLE 3: OFFER 

ARTICLE 4: ONLINE PURCHASES 

ARTICLE 5: DELIVERY AND EXECUTION OF THE AGREEMENT 

ARTICLE 6: OWNERSHIP RESERVATION 

ARTICLE 7: RIGHT OF RETURN / RETURN 

ARTICLE 8: WARRANTY 

ARTICLE 9: EXCLUSION OF RIGHT OF WITHDRAWAL 

ARTICLE 10: CUSTOMER SERVICE 

ARTICLE 11: COMPLAINTS 

ARTICLE 12: PENALTIES FOR NON-PAYMENT 

ARTICLE 13: PRIVACY 

ARTICLE 14: INFRINGEMENT VALIDITY - NON-DISPOSAL 

ARTICLE 15: CHANGE OF CONDITIONS 

ARTICLE 16: FORCE MAJEURE 

ARTICLE 17: INTELLECTUAL PROPERTY 

ARTICLE 18: PROOF 

ARTICLE 19: APPLICABLE LAW - DISPUTES 

ARTICLE 20:   E-INVOICE

 

ARTICLE 1: GENERAL PROVISIONS

The ThuiszorgWebshop website , part of   My Mobelity MK BV   with registered office   3000 Leuven Tiensesteenweg 374 and VAT number  BE 0758.856.635

 

(hereinafter "My Mobelity ') offers its customers the possibility to purchase the products from their webshop online.

These Terms and Conditions ("Terms") apply to every order placed by a visitor to this webshop ("Customer"). When placing an order through the web store of   My Mobelity must explicitly accept the Customer's Terms and Conditions, thereby agreeing to the applicability of these Terms and Conditions, to the exclusion of all other conditions. Additional terms and conditions of the Customer are excluded, except if they have been made explicit in advance and in writing   My Mobelity are accepted.

 

ARTICLE 2: PRICE

All prices are expressed in EURO, always including VAT and all other duties or taxes that are required by the Client. If delivery, reservation or administrative costs are charged, this will be mentioned separately. The indication of price only refers to the articles as described verbatim. The accompanying photos and videos are decorative and may contain elements that are not included in the price.

 

ARTICLE 3: OFFER

Despite the fact that the online catalog and the e-commerce website are compiled with the utmost care, it is still possible that the information provided is incomplete, contains material errors, or is not up-to-date. Manageable errors or errors in the offer   My Mobelity do not.   My Mobelityis only bound to an obligation of means for the correctness and completeness of the information provided.   My Mobelity is in no way liable in case of manifest material errors, typesetting or printing errors.

If the Customer has specific questions about eg size, color, availability, delivery term or delivery method, we request the customer to contact our customer service in advance, preferably via their account (tickets) or by mail to:   [email protected] 

The offer is valid as long as the stock lasts and can be adjusted or withdrawn at any time by   My Mobelity .   My Mobelity can not be held responsible for the unavailability of a product. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.   My Mobelity is not liable for damage, for whatever reason, because   My Mobelity is based on inaccurate and / or incomplete information provided by the Client.   My Mobelity is also not liable for any damage caused by the Customer using the address label incorrectly.

 

ARTICLE 4: ONLINE PURCHASES

  • The Customer chooses one or more products from our online catalog;
  • The Customer provides correct information for the necessary information and delivery to proceed successfully;

The Customer has the choice between   the following payment methods

  • Through   Bancontact
  • Via Belfius Pay Button
  • Via KBC / CBC payment button
  • through   Paypal
  • Via Visa
  • Via iDEAL
  • by invoice and bank transfer to account number BE30 1030 7059 0911  
  • Postpay

My Mobelity is entitled to refuse an order due to a serious shortcoming of the customer with regard to orders in which the customer is involved.

 

ARTICLE 5: DELIVERY AND EXECUTION OF THE AGREEMENT

Items ordered through this webshop are within the EU   delivered.

Unless otherwise agreed or expressly provided otherwise, the goods are delivered to the domicile of the Customer within   5   business days   (unless otherwise communicated) after receipt of the order and this by mail. The costs of this delivery are at the expense of the Customer unless explicitly determined otherwise. If the Customer does not purchase his purchased goods within the aforementioned period of 5   business days   has received, he is obliged to report this   My Mobelity .

Delivery only takes place when   My Mobelity either received the full amount owed by the Customer or received a clear order confirmation via the platform (for example after selection: Payment afterwards or payment on invoice after delivery).  

Any visible damage and / or qualitative deficiency of an article or other defect in the delivery must be reported immediately by the Customer to   My Mobelity via mail, customer account or via letter mail.

The risk of loss or damage passes to the Customer from the moment he (or a third party designated by him, who is not the carrier) has physically acquired the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier of the Customer has been instructed to transport the goods and this choice is not   My Mobelity was required.

 

ARTICLE 6: OWNERSHIP RESERVATION

The delivered items remain the exclusive property of the Customer until the moment of full payment by the Customer   My Mobelity .

The Customer undertakes, if necessary, third parties to the retention of title   My Mobelity , for example to anyone who would seize on the not yet paid items.

 

ARTICLE 7: RIGHT OF RETURN / RETURN

The provisions of this article only apply to Customers who purchase articles online in their capacity as consumer   My Mobelity .

  • The Customer has the right to cancel within a period of 28   calendar days without giving any reason to withdraw from the contract.
  • The withdrawal period expires 28   calendar days after the day on which the Customer or a third party appointed by the Customer, who is not the carrier, is physically in possession of the good.
  • How  return?  Everything can be send back to our address: Tiensesteenweg 374, 3000 Leuven, or you can deliver in one of our shops.

 

In order to comply with the withdrawal period, the Customer must send his notice regarding his exercise of the right of withdrawal before the withdrawal period has expired.

The Customer must return the goods without delay, but in any event no later than 30 calendar days after the day on which he rescinds his decision to   My Mobelity has communicated, returned or handed over to   My Mobelity   BV.   The Customer is on time if he returns the goods before the 30 calendar day has expired.

The direct costs of returning the goods are at the expense of the Customer.

If the returned product is in some way reduced in value, it retains   My Mobelity reserves the right to hold the Customer liable and to demand compensation for any value reduction of the goods resulting from the Customer's use of the goods that goes beyond what is necessary for the nature, characteristics and operation of the goods. to determine the goods.

Return of the products should, if reasonably possible, be done in the original packaging and in new condition,   together with all accessories, instructions for use and invoice or proof of purchase.

If the Customer revokes the agreement, will   My Mobelity all payments received from the Customer up to that time, including   return the standard delivery costs as mentioned above to the Customer within   maximum 14 calendar days after   My Mobelity have been informed of the decision of the Customer to revoke the agreement. With sales agreements, you can   My Mobelity wait with the refund until it has physically recovered all goods, or until the Customer has shown that he has returned the goods, whichever comes first.

My Mobelity will refund the Customer via the same payment method as the Customer has used, unless the Customer explicitly agrees to another payment method; in any case, the Customer will not be charged for such reimbursement.

 

ARTICLE 8: WARRANTY

Pursuant to the law of 21 September 2004 concerning the protection of consumers in the sale of consumer goods, the consumer has legal rights. This legal guarantee applies from the date of delivery to the first owner. Every commercial guarantee leaves these rights unabated.

To make an appeal to the guarantee, the Customer must be able to present a proof of purchase. Customers are advised to keep the original packaging of the goods.

For articles purchased online and delivered to the Customer at home, the Customer must contact the   My Mobelity customer service and the article   to be   own   return costs to   My Mobelity .

The Customer must determine when a defect is detected   My Mobelity   Inform products as soon as possible. In any case, every defect is within   a   period of 2 months   after being determined by the Customer to be reported. Afterwards, every right to repair or replacement lapses.

The (commercial and / or legal) warranty never applies to defects arising as a result of accidents, neglect, falls, use of the article in violation of the purpose for which it was designed, non-compliance with the instructions for use or instructions, modifications or changes to the item, crackdown, poor maintenance, or any other abnormal or incorrect use.

Defects that manifest after   a period of 6 months following the date of purchase, if applicable delivery, shall be deemed to be no hidden defects, unless proven otherwise by the Customer.

 

ARTICLE 9: EXCLUSION OF RIGHT OF WITHDRAWAL

We may exclude the following products from the Right of Withdrawal if we clearly state this on the product page:

  1. Products manufactured according to your specifications, which are not manufactured and which are manufactured on the basis of your individual choice or decision, or which are clearly intended for a specific person. 
  2. Products whose price depends on fluctuations in the financial market on which we have no influence and which may occur within the withdrawal period;
  3. Products that spoil quickly or have a limited shelf life; 
  4. Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery; 
  5. Products that, after delivery, are irrevocably mixed with other products after delivery; 
  6. Alcoholic beverages of which the price has been agreed upon at the conclusion of the Purchase Agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations of the market on which we have no influence; 
  7. Sealed audio, video recordings and computer software, the seal of which is broken after delivery; 
  8. Newspapers, magazines or magazines.

 

ARTICLE 10: CUSTOMER SERVICE

Customer service   My Mobelity can be reached at the telephone number   that is located at the bottom left of our webshop,   via e-mail   [email protected]   or by post at the following address:   Tiensesteenweg 374,3000 Leuven.   Any complaints can be directed to this. We always try to treat it with the utmost respect. So treat our customer service accordingly. Please always keep your order number   ready when you call by phone. See article 10. below regarding our complaints policy.

 

ARTICLE 11: COMPLAINTS

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.

In case of complaints, a consumer must first turn to the entrepreneur. For complaints that can not be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur ( webwinkelkeur.nl ), which will mediate free of charge. If a solution is not yet found, the consumer has the possibility to have his complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur , the decision of this is binding and both entrepreneur and consumer agree with this binding decision. Submitting a dispute to this disputes committee involves costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the products at its option or the delivered products free of charge.

 

ARTICLE 12: PENALTIES FOR NON-PAYMENT

Without prejudice to the exercise of other rights about which   My Mobelity , in the event of non-payment or late payment from the date of the default by law and without notice, an interest of   10%   per annum on the unpaid amount. In addition, the Customer is legally liable to pay a fixed compensation for damages without notice   10%   on the amount involved, with a minimum of   25 euros   per invoice.

Without prejudice to the foregoing   My Mobelity reserves the right to take back the (fully) paid items.

The Client is also obliged to pay all   collection costs   both the out-of-court and the judicial bodies for which the collection of an unpaid invoice   will give rise.

 

ARTICLE 13: PRIVACY

The person responsible for the processing,   My Mobelity respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal data.

The personal data you provide will only be used for the following purposes: processing the order, sending newsletters, advertising and / or marketing purposes of   My Mobelity .  

You have a legal right to inspect and correct your personal data. Subject to proof of identity (copy of identity card) you can submit a written, dated and signed request   to   My Mobelity , Tiensesteenweg 374, 3000 Leuven, free written notification of your personal data. If necessary, you can also ask to correct the data that would be incorrect, incomplete or non-pertinent.

In case of use of data for   direct marketing: You can oppose the use of your data for direct marketing free of charge. For this you can always focus on   My Mobelity , Tiensesteenweg 374, 3000 Leuven   or per   mail   on   [email protected] .

We treat your information as confidential information and will not pass on, rent or sell it to third parties.

The customer is responsible for keeping his login details confidential and for using his password. Your password is stored encrypted,   My Mobelity therefore has no access to your password.

My Mobelity keeps online (anonymous) visitor statistics in order to see which pages of the website are visited to which extent.

If you have any questions about this privacy statement, you can contact us at   [email protected] .

 

ARTICLE 14: INFRINGEMENT VALIDITY - NON-DISPOSAL

If any provision of these Terms and Conditions is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.

Failure to continue at any time   My Mobelity to enforce any of the rights listed in these Terms and Conditions, or any right to exercise them, shall never be regarded as a waiver of such provision and shall never affect the validity of these rights.

 

ARTICLE 15: CHANGE OF CONDITIONS

My Mobelity reserves the right to change or supplement these conditions. 

Changes also apply to agreements already concluded with due observance of a period of 30 days after publication of the change on the website, by electronic notification or in writing. Changes of minor importance can be made at any time. If the Customer does not want to accept a change in these terms and conditions, he can terminate the contract until the date on which the new conditions take effect , unless   My Mobelity   has indicated that the old conditions remain in effect for the Customer.

 

ARTICLE 16: FORCE MAJEURE

My Mobelity can not be held responsible for fulfilling any obligation towards the Customer if   My Mobelity are prevented from doing so as a result of a circumstance that is not attributable to its fault, nor under the law, legal act or generally accepted beliefs ("force majeure").

Circumstances include, but are not limited to: disruptions in the connections of and with the internet, transport delays, strikes, exclusions, government measures, failures by carriers, suppliers and / or other third parties in the fulfillment of their obligations. Force majeure also means a shortcoming of engaged third parties that are necessary for the delivery of the Service, as well as any other situation on which   My Mobelity can not exercise (decisive) control.

In case of force majeure   My Mobelity are currently relieved of its obligation to deliver, or to perform the agreed work. It will depend on the circumstances of the case whether this will be, and will continue to be, complete or partial, or whether there will only be a suspension of delivery and / or performance. In the event of a possible possibility to still deliver and / or change, to deliver and / or execute, both   My Mobelity such as the Customer, possibly subject to adjustment of the amounts to be paid by the Customer, are held to be used.

 

ARTICLE 17: INTELLECTUAL PROPERTY

Every intellectual property right in relation to our Website (Product description, photographic material, ...) remains the property of   My Mobelity . It is not permitted to reproduce such information, to make it public, or to copy it .

 

ARTICLE 18: PROOF

The Customer accepts that electronic communications and backups can serve as proof.

 

ARTICLE 19: APPLICABLE LAW - DISPUTES

Belgian law applies, with the exception of the provisions of private international law on applicable law.   The courts of the Consumer's place of residence are competent in legal disputes. The Customer can also contact the ODR platform ( http://ec.europa.eu/consumers/odr/ ).

 

ARTICLE 20:   E-INVOICE

Because we take into account the environment, invoicing is only done electronically via mail. Our mailings also apply as proof of purchase of the purchased goods. If the Customer wants a paper copy of the invoice, this is always possible by sending an email to   [email protected]